On the afternoon of May 31, the People’s Court of Jianye District, Nanjing City, Jiangsu Province, opened a trial in accordance with the law to hear the defendant Qiu Ziming (Sina Weibo name “Spicy Pen Xiaoqiu”) infringing on the reputation and honor of a heroic martyr. The People’s Procuratorate of Jianye District, Nanjing City sent officers to support the public prosecution and perform the duties of a public interest litigant. He asked the defendant Qiu Ziming to be held criminally liable, and he was also required to be sentenced to bear civil tort liability, and to apologize publicly to eliminate the impact. The defendant and the defendant in an incidental civil public interest litigation, Qiu Ziming, and his defender and entrusted agent ad litem appeared in court to participate in the litigation.

The court found that on the morning of February 19, 2021, the defendant Qiu Ziming used his Sina Weibo account at his residence to gain attention and gain more attention after reporting on the heroic deeds of guarding the country and defending the border. Spicy Pen Xiaoqiu (with more than 2.5 million fans), published two Weibo posts at 10:29 and 10:46, distorting the heroic deeds of the soldiers defending the border, slandering and degrading the heroic spirit of the soldiers defending the border. The reputation and honor of heroes and martyrs. The above-mentioned Weibo spread rapidly on the Internet, arousing strong public outrage and causing bad social impact.

The court held that the fact that the public prosecution agency accused Qiu Ziming of infringing on the reputation and honor of heroes and martyrs was clear, the evidence was credible and sufficient, and the charges were convicted. After returning to the case, Qiu Ziming truthfully confessed his crimes, pleaded guilty and pleaded guilty, and said in court that he would never commit the crime again. Based on this, the defense opinion of the defender requesting a lighter punishment is true, and the eight-month sentence of imprisonment proposed by the public prosecution agency is appropriate and shall be adopted.

The People’s Court of Jianye District of Nanjing City, based on the facts and evidence of the case, combined the opinions of the prosecution and defense in the trial, and pronounced a verdict in court in accordance with the law, found that the defendant Qiu Ziming was guilty of infringing on the reputation and honour of a heroic martyr, and sentenced him to eight months in prison; Publicly apologize through major domestic portal websites and national media within ten days from the effective date to eliminate the impact.

More than 30 people including deputies to the National People’s Congress, members of the CPPCC, and people from all walks of life attended the trial. (People’s Daily)


By zhiwo

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7 months ago

The Internet is not a place outside the law, and everyone is responsible for their actions! In order to gain attention and openly slander the hero, such a person is only sentenced to eight months. To be honest, it is a bit too light in terms of personal emotions! However, the law has its own criteria for sentencing, so I won’t talk about it here. In the old days, when not everyone had a book to read, when someone tried to discredit a hero, everyone might think that it was the fearless performance of the ignorant, the result of no enlightenment, and that it was possible for everyone to have it. When the book is read, this phenomenon will disappear! But in today’s era when reading is gradually becoming popular, when a person who may have received higher education does something like this again one day, we have to accept a fact that has long existed, that is: ” Sometimes, when a person does something bad, it has nothing to do with the level of education he accepts, but with his personal morality”! Moreover, sometimes, when a bad person’s education level is higher, the possible impact of bad things he has done will be greater! And the “spicy pen ball” here is undoubtedly a typical of this kind of people. Not only does he lose his personal morality, but he also has 2.5 million fans, so the impact he has caused can be said to be huge! And the handling of the “spicy pen ball” can be said to be a delightful thing, and it is also a thing that the law is constantly improving, and it is a shock to this kind of people, so that people with the same thinking can slander the hero at will. We must first consider clearly the responsibilities and consequences that we will bear after the words are spoken out! To completely eliminate this effect, I would like to talk about a little bit of my personal thoughts: 1. In the family environment, parents should instill a positive thinking in their children from an early age. 2. In the school environment, while cultivating students’ basic knowledge and hobbies, the education of ideology and morality should also be strengthened. 3. In the social environment, make gentlemen, far away villains. 4. Legally, one case should be encountered for this type of behavior, and one case should be dealt with, so that such people fully realize that the Internet is not a place outside the law, and everyone is responsible for their behavior!

7 months ago

Actually, I think that eight months’ imprisonment is fine. The latter “order him to publicly apologize and eliminate the impact through major domestic portals and national media within ten days from the effective date of the judgment” is the real damage. This kind of three views of people has long been established. If you can’t change it, you will definitely jump after half a society death after suffering such a big loss. Now that I come out like this, how will I jump in the future: I apologized and jumped out again, there is a character problem. It is suggested that Mr. Qiu either prepare a few more vests, or use the sign of “political asylum” to go to the “free world”, because there is a shortage of this person under the commander of the Lord. Maybe you can use it while it’s hot.

7 months ago

Eight months, in terms of personal and simple emotions, I think the sentencing is still a bit lighter, but the legal person is strict and often refers to past cases. This is the first one. It is a precedent, and it will be a few years later. It will be taken out as a classic case analysis and reference, so all aspects of sentencing must be cautious, so I believe and support the court’s decision. To prevent this kind of phenomenon from recurring, legal deterrence is on the one hand, and on the other hand, corresponding education and supervision must be strengthened. As a blogger with a certain number of fans, Labi Xiaoqiu’s remarks have been quickly disseminated. It has become a target of public criticism. However, on the major Internet communication platforms such as Bohuxin, the speed of producing information and producing comments every day is too fast. If you want to completely avoid similar behaviors, you must increase supervision and strictly investigate and crack down on inappropriate remarks. It is necessary to strengthen patriotism education and take care of both inside and outside. Especially for the education of Lizi, it is even more important. Incorporating the deeds of relevant heroes and relevant laws and regulations into the patriotism education of primary and secondary schools, and cultivating spontaneous patriotism from an early age, may be able to fundamentally avoid such phenomena. I think it is extremely necessary to open patriotism education courses. There are so many main courses from elementary school to high school. It should be possible to take up one or two main subjects once or twice a week to study patriotism education courses. By the way, if you take less than one or two classes, you won’t be able to say that the learning effect of the whole course will be bad. I have never taken a specific patriotism education course from elementary school to high school all the way. The most cultivating my simple feelings for the motherland should be the three-year high school Chinese teacher who will let us move China every year. I am still impressed. It was Academician Lin Junde who I saw in the first year of high school. In the video, his sentence “I finished the C drive” made the whole person uneasy, and the tears fell. At the last moment of life, I missed him most. It is still the national defense scientific research of the motherland. I think it must be the deep love for the motherland that has been supporting him. Throughout the three years of high school, I spent three evening self-studies to watch the time that moved China. It should have played a decisive role in shaping my personal feelings for the motherland. Therefore, I strongly advocate opening patriotism education courses through story explanations, video viewing, and on-site It should be an important thing to cultivate children’s patriotism through various forms such as exploration, independent discussion, and sentimental speech.

7 months ago

According to Article 27 of the “Protection of Heroes and Martyrs Act” that came into effect on May 1, 2018, those who blaspheme or deny the deeds and spirit of the heroes and publicize and beautify the war of aggression and behavior shall be subject to public security management penalties by the public security organs in accordance with the law; If the circumstances constitute a crime, criminal responsibility should be investigated in accordance with the law. Sentenced according to law, Qiu Ziming’s Weibo account “Spicy Pen Xiaoqiu” has more than 2.5 million followers, which is considered a big online VV. Therefore, the remarks made are in fact highly public, but the sentence this time is only eight months, which to a certain extent is related to his sincere attitude of admitting mistakes and repentance. I very much agree with this sentence, which is simply pleasant. The heaven and the earth are heroic, and the ages are still awe-inspiring. Martyrs, heroes are indispensable to our motherland. Each of us should respect heroes and learn from their excellent qualities. Of course, only by improving relevant laws and regulations, strengthening ideological and moral construction, and cultivating people’s sense of identification with martyrs and heroes, can similar phenomena be prevented from happening.

7 months ago

Eight months, don’t be too short, you deserve it. If you want me to say, you should make more judgments and make corrections early. It’s not uncommon to get eyeballs in the way of grandstanding on the Internet. In my eyes, it is as disgusting as a mouse crossing the street. I only have an unobtrusive and unobjective evaluation of them: the clown. To avoid this phenomenon, the only way to strengthen education on values and improve the law is also a good way to apologize on all platforms. But no matter what, there will be individual rat feces. I only hope that the reporting channel will be unblocked. Once found, it can be dealt with immediately, so as not to cause worse social impact. At the same time, I think it is possible to introduce a unified blacklist system for social platforms. Once there is a prior conviction, focus on “taking care”. It must be emphasized that the frontier warriors are our guardians and the defenders of national interests and the people. When the reputation of heroes is damaged, each of us has an obligation to defend. This is our greatest human rights and patriotic values.

7 months ago

Can’t stop it. And after this spicy chicken comes out, it will only hate the country more, and the speech will only become more and more popular, but it may be in a more secret way, such as a vest or a wine table. This kind of predecessor will regret it if you count on it for eight months? Thinking too much! He is gilded when he enters, and he has a reputation for foreign powers. Wouldn’t it be good for him to go abroad with a wave of persecution or take dog food? I miss you here, he won’t be able to remodel it, and he can’t remodel it. The three generations of political trials that ordinary people are most afraid of have all failed here, so what else would he be afraid of?

7 months ago

The punishment for the spicy pen ball is to kill the chicken and the monkey. In the past 20 years, various thoughts on the Internet have been constantly changing, and netizens have become oblivious, but there are still traces to be found after all. After the reform, a large group of civil sociologists emerged in China. One of the characteristics is the lack of knowledge reserves and social practice, but they like to talk and give pointers, and most theories do not make sense from the philosophical syllogism: worldview Chaos and epistemology are one-sided, and methodology is even more ridiculous. They can basically be divided into groups that copy Western systems and revisionists. After these people find that they have limited abilities and have nowhere to go, they will either become angry or just start a public opinion business (I don’t put a hat on if they sell their country, but they can make money for sure), and they begin to attack the country’s current system or great men and heroes. . If we want to prevent similar incidents, in addition to legislation to block the holes, we must also settle accounts after the fall. At least we must cool down the “public figures”, “opinion leaders”, “Internet V” and so on who have done similar behaviors, and no longer give them. Hand the microphone.

7 months ago

Through this case, it is enough to alert everyone: the reputation and honor of heroes and martyrs are specially protected by the law. Do not step on the red line. If you say bad things about the old king next door, it is usually just a reputation infringement. The legal responsibility is to apologize and compensate, and not to go to jail, (unless there are serious consequences, it may constitute an insult or defamation crime) but for the reputation and honor of the heroic martyrs , Never slander at will, otherwise, free prison meals are waiting for you!

7 months ago

For Crayon Xiaoqiu, it is almost inevitable that he was sentenced to fixed-term imprisonment for an accident. You may not have paid much attention to this person before. The previous conviction of the “Crayon Xiaoqiu” has not only been done this time, and the human flesh infringement has not been done. Less, but this time I kicked the steel plate. To be honest, it is not enough to put an end to this phenomenon by just relying on a piece of legislation, because the formation of this phenomenon is a product that has been slowly accumulated since the 1980s. During this period, there was a “reflection on the birth of the Heshang School”. “There are still some forces that have been slowly leading for more than ten years. Because denying the heroes of the target country and encouraging more arrogant generations to attack the heroes of their home country is a masterpiece of the Anglo-Saxon civilization in deconstructing the right to speak of other civilizations. This category of people has a very ugly exclusive term in the United States: “marginal fanatics.” For the first time to use the “marginal fanatics” as a weapon and to set standards for it was the National Security Advisor of the Nixon and Johnson administrations of the United States, Mike George, who was the “national division” of the two U.S. governments at that time. In his post-retirement writings, he clearly put forward his opinions on the treatment of “marginal madmen”. From the 1960s to the 1970s, the United States was in the quagmire of the Vietnam War and was relatively defensive in the Cold War game. Facing the crumbling value of “freedom”, the American academic circle had many debates and suggestions. At that time, McGeorge’s main energy was on the use of the president to deal with the situation in Vietnam and the Soviet Union’s nuclear strategy, but he still worked hard on how to deconstruct a country’s consensus in spirit and the right to speak. At that time, due to the anti-war trend in the United States, many dissidents emerged, many of whom even began to play the banner of socialism. This has aroused the high vigilance of the US authorities. McGeorge believes that every country has organized intellectuals who put forward demands and intervene in social transformation in an attempt to reverse social cognition. This group of people are “marginal fanatics.” He further pointed out that in the United States, we must find ways to prevent this group of people from publishing books and prevent their speech from being widely spread, and even use all means to kick them out of the ranks of intellectuals. But when these “marginal fanatics” appear in target countries such as the Soviet Union, the U.S. government must give tremendous support, must cooperate fully, and even give them all the international honors they want, so as to encourage these people to continue to speak up. . This kind of routine is double standard, but it is also the truest idea of ​​the American ruling class. From the arrest and deconstruction of the Black Panther Party to the disintegration of the Soviet Union, the United States basically operates in accordance with this principle. This kind of routine has even crippled leaders of countries such as Soviet Union Gorbachev. When Gorbachev came to power in 1985 and began to convey the so-called new thinking reform ideas to Western leaders, he received countless praises. Titles such as “the greatest reformer of the 20th century” and “the great defender of democracy” have been continuously given by Western media such as the BBC and CNN. Just before the Soviet Union died, in 1990 Gorbachev even won the Nobel Peace Prize he dreamed of. As a result, the Soviet Union disintegrated as soon as the prize was received. The American elites have never concealed that these so-called “marginal fanatics” who want to support China are doing things. In the network environment 12 years ago, there was a flurry of demons. Lawyers of the dead squad, petitioning artists, painters who insulted Mao Zedong’s proud works, and even various marketing nicknames who want to use rumors to “turn China”. Behind them are more or less an American NGO and American foundation that can deliver dollars and honor. (By the way, McGeorge, who used the dual-standardized definition of “marginal fanatics” in the previous article, eventually joined the Ford Foundation after he retired from politics.) Insulting the martyrs legislation is actually a critical moment to build a consensus on development. It looks like a personal speech, but it actually reflects the social consensus and stability of the people in China. Legislation is the bottom line, and investigating the invisible hand behind this is the real solution to the problem

7 months ago

I have no way to agree with Crayon Ball’s remarks. However, I think this is not up to the standard of criminal punishment at all. First of all, this issue involves the issue of non-retroactivity of the law. This is the basic principle of the rule of law throughout the world, so I won’t talk about this issue much. Secondly, it is very simple, the official did not release information about this matter in the first time. When Crayon Ball made his remarks, those soldiers were not named martyrs. We don’t know which ones were sacrificed. Why did you insult the martyrs! No official information has been released. Of course, the public can guess and evaluate public events. In this case, of course we may say the wrong thing, and none of us can always be a machine that outputs truth and facts. At any time, we may say something wrong. I am not saying that freedom of speech means saying what you want to say. It is totally irresponsible. However, if the information is not sufficient, once you say something wrong, you can be held criminally responsible. Where is the boundary of freedom of speech? Who dares to speak in the future? Those who are caring about this matter on the Internet do not know what they are celebrating. The power public device is very powerful for ordinary people, and they must always be vigilant to prevent them from crossing the line. Even if the crayon ball is someone you don’t like. Even the goose factory and winery can mobilize the pure commercial institutions of judicial public equipment, and when they encounter competitors or objections, they do not hesitate to use public equipment to collapse the province. And the more the goose factory is used, the more vigorous it is. What’s more, people who hold power tools must have the desire to use them when encountering things. Of course, I wish I was too worried. I hope they are all prudent and fair people. I really hate to take some, with the most stupid individual examples of public knowledge, that all questioned and opposed opinions are branded as “common knowledge.” The other extreme on the contrary is to treat individual extreme remarks as universal, and treat all patriots’ voices as silly little pinks, who are all on YouTube Twitter. They think that people in the opposing camp are the stupidest and worst. To be honest, I see that whether it is known or little pink, of course there are what you say are either stupid or bad, but they are only a minority.

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