Law of China on the Protection of Heroes and Martyrs

 2018-05-11  62


Law of China on the Protection of Heroes and Martyrs


· Document Number:Order No. 5 of the President

· Area of Law: Military Civil Affairs

· Level of Authority: Laws

· Date issued:04-27-2018

· Effective Date:05-01-2018

· Status: Effective

· Issuing Authority: Standing Committee of the National People's Congress

 

Order of the President
(No. 5)
Law of China on the Protection of Heroes and Martyrs, as adopted at the 2nd Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on April 27, 2018, is hereby issued, and shall come into force on May 1, 2018.
President of the People's Republic of China: Xi Jinping
April 27, 2018
Law of the People's Republic of China on the Protection of Heroes and Martyrs
(Adopted at the 2nd Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on April 27, 2018)
Article 1 This Law is developed in accordance with the Constitution for purposes of strengthening the protection of heroes and martyrs, safeguarding the public interest, upholding and passing on the spirit of heroes and martyrs and the spirit of patriotism, fostering and practicing the core values of socialism and unleashing the strong spiritual power to realize the Chinese Dream of the great rejuvenation of the Chinese nation.
Article 2 The state and the people shall always honor and bear in mind the sacrifices and contributions made by heroes and martyrs to the country, people, and nation.
Since modern times, heroes and martyrs sacrificed their lives bravely and devoted all their lives to fighting for national independence and people's liberation, realizing national prosperity and the well-being of the people, and promoting world peace and human progress, and their merit will shine throughout history and their spirit will be immortal.
Article 3 The deeds and spirit of heroes and martyrs are an important manifestation of the common historical memory and core values of the Chinese nation.
The state shall protect heroes and martyrs and honor, commemorate heroes and martyrs, and strengthen the publicity and education on the deeds and spirit of heroes and martyrs to maintain the dignity and lawful rights and interests of heroes and martyrs.
The whole society shall admire, learn from, and defend heroes and martyrs.
Article 4 The people's governments at all levels shall strengthen the protection of heroes and martyrs and take the publicity and promotion on the deeds and spirit of heroes and martyrs as an important part of the socialist spiritual civilization.
The departments responsible for the protection of heroes and martyrs and other relevant departments of the people's governments at or above the county level shall conscientiously perform their duties to effectively protect heroes and martyrs.
The relevant departments of the armed forces shall effectively protect heroes and martyrs in accordance with the provisions of the State Council and the Central Military Commission.
The people's governments at or above the county level shall include the funds for the protection of heroes and martyrs in the budget at the corresponding level.
Article 5 September 30 of every year is Martyrs' Day, the state will hold a commemorative ceremony to honor the memory of heroes and martyrs in front of the Monument to the People's Heroes at the Tiananmen Square in the capital Beijing.
The local people's governments at or above the county level and the relevant departments of the armed forces shall conduct commemoration activities on Martyrs' Day.
To conduct activities in commemoration of heroes and martyrs, surviving family members of heroes and martyrs shall be invited to attend.
Article 6 On the occasion of the Tomb-sweeping Day and other important memorial days, state organs, social groups, villages, communities, schools, enterprises and public institutions and entities affiliated to the armed forces shall organize and conduct commemoration activities for heroes and martyrs according to actual circumstances.
Article 7 The state shall establish and protect monuments for heroes and martyrs to commemorate and honor the memory of heroes and martyrs.
The Monument to the People's Heroes, which stands on the Tiananmen Square in the capital Beijing, is a spiritual symbol for the Chinese people and the Chinese nation to strive for national independence and liberation, the freedom and well-being of the people, and national prosperity. It is a permanent monument for the nation and the people in commemoration and memory of heroes and martyrs.
The Monument to the People's Heroes and its name, inscription title, inscriptions, reliefs, graphics, and logos, among others, shall be protected by law.
Article 8 The people's governments at or above the county level shall include the construction and protection of monuments for heroes and martyrs in their national economic and social development plans and strengthen the protection and administration of monuments for heroes and martyrs; and shall approve monuments for heroes and martyrs with great memorial and educational significance as cultural relics protection entities and announce them in accordance with the provisions of the Cultural Relics Protection Law of the People's Republic of China.
The central finance shall subsidize the maintenance and renovation of monuments for heroes and martyrs in the old revolutionary base areas, ethnic areas, border areas and poverty-stricken regions in accordance with the provisions issued by the state.
Article 9 The monuments for heroes and martyrs shall be open to the public free of charge and be provided for the public to pay respect and observe heroes and martyrs, conduct educational commemoration activities, and comfort the heroic spirit.
The monuments as prescribed in the preceding paragraph which are administered by the relevant entities of the armed forces shall be open in accordance with the relevant provisions of the armed forces.
Article 10 The protection entities of monuments for heroes and martyrs shall improve the rules for the provision of services and the administration thereof, facilitate the public in paying respects and observing heroes and martyrs, and maintain the solemn, serene environment and atmosphere of monuments for heroes and martyrs
No organization or individual may engage in activities undermining the environment and atmosphere of commemoration of heroes and martyrs within the protection scope of monuments for heroes and martyrs, encroach upon the land and facilities within the protection scope of monuments for heroes and martyrs or damage, or deface monuments for heroes and martyrs.
Article 11 When a hero or martyr is to be buried, the people's government at or above the county level and the relevant departments of the armed forces shall hold a solemn, civilized, and thrifty receiving and sending and burial ceremony.
Article 12 The state shall develop and improve the rules and etiquette standards for tomb-sweeping for heroes and martyrs, and guide citizens in conducting tomb-sweeping activities in a solemn and orderly manner.
The relevant departments of the people's governments at or above the county level shall provide convenience for tomb-sweeping by the surviving family members of heroes and martyrs.
Article 13 The relevant departments of the people's government at or above the county level shall guide citizens in bearing in mind the deeds and spirit of heroes and martyrs and passing on and upholding the spirit of heroes and martyrs by such means as paying respects to monuments for heroes and martyrs, taking collective oaths and holding online memorial ceremony.
Article 14 When a hero or a martyr is buried abroad, the diplomatic mission or consulate of the People's Republic of China stationed in the country shall organize and conduct tomb-sweeping activities in light of the actual circumstances of the country where it is stationed.
Through cooperation with relevant countries, the state shall search and collect the remains, relics and historical materials of heroes and martyrs, and strengthen the maintenance and protection of monuments for heroes and martyrs which are located abroad.
Article 15 The state encourages and supports the research on the deeds and spirit of heroes and martyrs to understand and record history under the guidance of dialectical materialism and historical materialism.
Article 16 The people's governments at all levels and the relevant departments of the armed forces shall strengthen the collection, protection and display of relics and historical materials of heroes and martyrs, and organize and conduct the research, compilation, and publicity of historical materials on heroes and martyrs.
The state encourages and supports the old revolutionary base areas in taking full advantage of their local resources to conduct research, publicity and education on the deeds and spirit of heroes and martyrs.
Article 17 The administrative departments of education shall focus on young students and include the publicity and education on the deeds and spirit of heroes and martyrs in the national education system.
The administrative departments of education and various schools at all levels shall include the deeds and spirit of heroes and martyrs in their teaching contents, organize and conduct educational commemoration activities., and strengthen their patriotism, collectivism, and socialist education.
Article 18 The departments of culture, press and publication, radio and television, and film, cyberspace administrations and other departments shall encourage and support the creation, production, publicity and promotion of excellent literary and artistic works, radio and television works as well as publications with the deeds of heroes and martyrs as topics for upholding the spirit of heroes and martyrs.
Article 19 Radio stations, television stations, newspaper and periodical publication entities, and Internet information service providers shall extensively publicize the deeds and spirit of heroes and martyrs by multiple means such as broadcasting and publishing of works involving the topics of heroes and martyrs, release of public service announcements, and launch of special columns.
Article 20 The state encourages natural persons, legal persons, and unincorporated organizations to participate in the protection of heroes and martyrs by such means as donating their property, voluntarily publicizing the deeds and spirit of heroes and martyrs, assisting in the surviving family members of heroes and martyrs, or otherwise providing public services and gives support thereto.
The natural persons, legal persons and unincorporated organizations that donate their property for the protection of heroes and martyrs shall enjoy tax preferences in accordance with the law.
Article 21 The state shall implement a system for allowance and other preferential treatment to heroes and martyrs. The surviving family members of heroes and martyrs shall enjoy preferential treatment in such fields as education, employment, elderly care, housing, and medical treatment. The level of allowance and other preferential treatment given thereto shall be adapted to the national economy and social development and be gradually increased.
The relevant departments of the State Council, the relevant departments of the armed forces and the local people's governments shall care for the living conditions of the surviving family members of heroes and martyrs and pay visits to the surviving family members of heroes and martyrs on a regular basis.
Article 22 It is prohibited to distort, defame, desecrate, or deny the deeds and spirit of heroes and martyrs.
The name, portrait, reputation, and honor of a hero or a martyr shall be protected by law. No organization or individual may insult, defame, or otherwise infringe upon the name, portrait, reputation, or honor of a hero or a martyr on any public occasion or the Internet, or by use of radio, television, films, publications or any other means. Any organization or individual shall not use the name or portrait of a hero or a martyr in any trademark or commercial advertisement directly or in any disguised form to damage the reputation and honor of the hero or martyr.
If the public security authority, the department of culture, press and publication, radio and television, or film, cyberspace administration, market regulation administration, or the department responsible for the protection of heroes and martyrs finds the act prescribed in the preceding paragraph, it shall impose punishments in a timely manner in accordance with the law.
Article 23 Where the cyberspace administration and the telecommunication department, public security authority, or any other relevant department finds the release or transmission of any information on insulting, defaming, or otherwise infringing upon the name, portrait, reputation, or honor of a hero or a martyr when conducting supervision and administration of network information in accordance with the law, it shall require the network operator to cease the transmission of such information and take deletion or any other handling measure and other necessary measures; where the aforesaid information comes from outside the territory of the People's Republic of China, it shall notify the relevant authority to take technological measures and other necessary measures to block the transmission of the information.
If an operator finds that any of its users releases or transmits the information as prescribed in the preceding paragraph, it shall immediately cease the transmission of such information, take deletion or any other handling measure to prevent the information from spreading, preserve relevant records, and report to the competent department. If the network operator fails to cease the transmission of such information and take deletion or any other handling measure, it shall be punished in accordance with the Cybersecurity Law of the People's Republic of China.
Article 24 Any entity or individual has the right to report any infringement upon the lawful rights and interests of heroes and martyrs or any other violation of the provisions of this Law to the department responsible for the protection of heroes and martyrs, public security authority, cyberspace administration or any other relevant department. The department that receives such a report shall punish the infringement or violation in a timely manner in accordance with the law.
Article 25 For any infringement upon the name, portrait, reputation, or honor of a hero or a martyr, the close relatives of the hero and martyr may institute an action in a people's court in accordance with the law.
Where a hero or martyr has no close relative or his or her close relatives do not institute an action, a procuratorial organ may file a public prosecution with a people's court in accordance with the law against the infringement upon the name, portrait, reputation, or honor of the hero or martyr, which causes damage to the public interest.
Where the department responsible for the protection of heroes and martyrs or any other relevant department finds the act prescribed in the first paragraph during the process of performance of its duties and requires a procuratorial organ to file a public prosecution, it shall report to the procuratorial organ.
Where the close relatives of the hero or martyr institute an action in accordance with the provisions of the first paragraph, legal aid institutions shall provide legal aid services in accordance with the law.
Article 26 Whoever insult, defame, or otherwise infringe upon the name, portrait, reputation, or honor of a hero or a martyr and causes damage to the public interest shall assume civil liability. If the provisions on public security management is violated, the violator shall be given public security administration punishment by the public security authority in accordance with the law; and if the violation is criminally punishable, the violator shall be held criminally liable in accordance with the law.
Article 27 A protection entity of monuments for heroes and martyrs shall promptly dissuade those engaging in activities undermining the environment and atmosphere of the commemoration of heroes and martyrs within the scope of monuments for heroes and martyrs; whoever refused to obey the dissuasion shall be criticized and educated and be ordered to take corrective action by the departments responsible for the protection of heroes and martyrs and the competent departments of cultural relics of the local people's government at or above the county level according to their duties. If the provisions on public security management is violated, the violator shall be given public security administration punishment by the public security authority in accordance with the law.
Whoever desecrates or denies the deeds and spirit of heroes and martyrs, publicizes or beautifies aggressive wars and acts of aggression, pickes quarrels and provokes troubles, disrupts the public order, and constitutes a violation of public security administration shall be given public security administration punishment by the public security authority in accordance with the law; and if the violation is criminally punishable, the violator shall be held criminally liable in accordance with the law.
Article 28 Whoever encroaches upon, damages or defaces monuments for heroes and martyrs shall be ordered to take corrective action by the department responsible for the protection of heroes and martyrs of the people's government at or above the county level; shall bear the civil liabilities for any loss caused in accordance with law; if the monuments for heroes and martyrs that have been encroached upon, damaged or defaced belong to any cultural relics protection entity, shall be punished in accordance with the Cultural Relics Protection Law of the People's Republic of China. If the provisions on public security management is violated, the violator shall be given public security administration punishment by the public security authority in accordance with the law.
Article 29 Where the relevant department of a people's government at or above the county level or any of its staff members abuses power, neglects duty, practices favoritism, or makes falsification in the protection of heroes and martyrs, disciplinary action shall be taken against the directly responsible person in charge and other directly liable persons. Where the act is criminally punishable, they shall be held criminally liable in accordance with the law.
Article 30 This Law shall come onto force on May 1, 2018.