The Supreme People's Procuratorate recently issued a notice on the protection of the honor and dignity of heroes of heroic martyrs by the People's Republic of China heroic martyrs protection law, which requires the public departments of procuratorial organs at all levels to conscientiously carry out the law of protection of the heroic martyrs, and deeply touch the clues to the violation of the honor and honor of the heroic martyrs, and make full use of the procuratorial organs in the heroic protection. Function of protection.
The notice requires that the departments of the procuratorial organs at all levels touch up the clues of the case of the honorary and honorary cases of the heroic martyrs, and tamp the basis for the procuratorial organs to perform the procuratorial functions of public procuratorate. We should strengthen the links with other internal organs of procuratorial organs, attach importance to finding clues from news media, and pay attention to obtaining clues from people's reports.
The notice requires that the civil and administrative departments of procuratorial organs at all levels should strictly handle procedures and handle typical cases. Through handling a number of typical cases, we can achieve good results of prosecution, warning, education and social influence. According to the provisions of the twenty-fifth and twenty-sixth articles of the law of the heroic protection law, the names, portraits, reputations and honors of the heroic martyrs are infringed on, defamed or other means, and they are liable to civil liability in accordance with the law. The heroic martyrs have no close relatives or close relatives not to initiate proceedings, and the procuratorial organs bring civil public interest litigation to the court according to law. The procuratorial departments of the people's banks at all levels should accurately grasp the responsibility of the infringer and network operators according to the requirements of the law, the law of tort liability, the law of the Supreme People's court and the requirements of the legal and judicial interpretations of the application of the law to the cases of the application of the civil disputes in the case of the infringement of the personal rights and interests of the people's rights and interests by the Supreme People's court. Targeted litigation requests ensure that the law is applied correctly. A comprehensive investigation should be conducted to collect evidence to ensure the quality and effectiveness of trial.
The notice emphasizes that the public departments of the procuratorial organs at all levels should make full use of the functions of supporting the prosecution and other functions, and support the close relatives of the heroic martyrs according to law to bring civil action to the court and protect the honorary honor of the heroic martyrs. We should pay attention to supervise and urge the departments and administrative organs responsible for the protection of heroes and martyrs to perform their supervisory duties according to law. For the commemorative facilities of the heroic martyrs belonging to state-owned cultural relics, the relevant administrative organs have illegal exercise of their functions and powers or do not act in accordance with the provisions of the twenty-fifth paragraph of the fourth paragraph of the administrative procedure law, and may bring up the administrative public interest litigation.