Law on the Protection of Heroes and Martyrs

The Law of the People's Republic of China on the Protection of Heroes and Martyrs is a legislation concerning protecting the reputation of those the People's Republic of China has designated as martyrs. It was passed by the Standing Committee of the National People's Congress on 27 April 2018 and came into effect on 1 May 2018. It criminalizes the slander of those officially designated as heroes and martyrs.

Law of the People's Republic of China on the Protection of Heroes and Martyrs
Standing Committee of the National People's Congress
Passed by	Standing Committee of the National People's Congress
Passed	27 April 2018 (2018-04-27)
Signed by	President Xi Jinping
Signed	27 April 2018 (2018-04-27)
Commenced	1 May 2018 (2018-05-01)
Legislative history
Introduced by	Council of Chairpersons
Introduced	14 December 2017
First reading	22 December 2017
Second reading	27 April 2018
Voting summary	170 voted for None voted against None abstained
Status: In force

Law of the People's Republic of China on the Protection of Heroes and Martyrs
Simplified Chinese	中华人民共和国英雄烈士保护法
Traditional Chinese	中華人民共和國英雄烈士保護法
Transcriptions Standard Mandarin Hanyu Pinyin Zhōnghuá Rénmín Gònghéguó Yīngxióng Lièshì Bǎohù Fǎ

Background

See also: Martyr (China)

Before the enactment of the Law, the Chinese government had already enacted regulations such as the "Regulations on Commendation of Martyrs" and the "Regulations on Pensions and Preferential Treatment for Soldiers". Regarding the original intention of the legislation, the Chinese Communist Party (CCP) believes that some people have distorted China's modern history in the name of "academic freedom", "restoring history" and "exploring details" to vilify, slander, denigrate and question heroes and martyrs.^[1][2] During the 2018 Two Sessions of the National People's Congress and the Chinese People's Political Consultative Conference, 251 NPC deputies, members of the CPPCC National Committee and other people wrote letters to propose that the protection of heroes and martyrs should be strengthened through legislation.^[3] In addition, there were incidents of people described as "spiritually Japanese" publicly making remarks that glorify Japanese militarism and denigrating China. Some people openly wore old Japanese military uniforms at the relics of the Second Sino-Japanese War and took photos online, which provoked public criticism.^[4] When Chinese foreign minister Wang Yi was leaving the Media Center press conference during the first session of the 13th National People's Congress, he responded to a question from a reporter by saying the "spiritually Japanese" elements are "the scum of the Chinese people".^[5] In response, the NPC said it believes it is necessary to enact laws to protect the reputation of martyrs and combat "denial of history".^[1]

Legislative history

In March 2016, descendants of the "Five Heroes of Langya Mountain" and other personnel jointly wrote a letter to the National People’s Congress, calling for the early enactment of the "National Heroes and Martyrs Reputation Protection Law" and the addition of corresponding provisions to the current relevant laws.^[6] On March 15, 2017, the fifth session of the 12th National People's Congress adopted the General Provisions of the Civil Law of the People's Republic of China, Article 185 of which stipulates that "whoever infringes upon the name, portrait, reputation, honor of heroes and martyrs, etc., or damages the public interest, shall bear civil liability".^[7]

In 2017, the Legislative Affairs Commission officially launched legislative work on the protection of heroes and martyrs.^[8][9] In April of the same year, CCP General Secretary Xi Jinping issued instructions on this matter. On December 22, 2017, the 31st session of the 12th NPC Standing Committee reviewed the proposal of the Council of Chairpersons to submit for deliberation the draft law. Xu Anbiao, deputy director of the Legislative Affairs Commission of the NPC Standing Committee, made an explanation to the meeting.^[8][10]

On April 25, 2018, the draft law was submitted to the second session of the 13th National People's Congress Standing Committee for deliberation. The draft proposed to add relevant provisions to crack down on "spiritually Japanese elements".^[11] Prior to this, during the 2018 Two Sessions, He Yunao, Zhang Kaili, Zheng Xiaolong, Zhang Guangbei, Feng Yuanzheng, Jackie Chan, Lü Zhangshen, Fan Di'an, Lü Yitao and other 38 members of the CPPCC National Committee from various literary and art circles jointly submitted a proposal on "formulating a special law to protect national dignity and national dignity", which included the behavior of "spiritually Japanese" elements in the scope of criminal punishment.^[12] On April 27, 2018, the second session of the 13th National People's Congress Standing Committee passed the law with unanimous votes.^[13] President Xi Jinping signed the Presidential Order No. 5 to promulgate this law on the same day.^[14][15] It went into effect on 1 May.^[2]

Provisions

Law on the Protection of Heroes and Martyrs.

The Law of the People's Republic of China on the Protection of Heroes and Martyrs has 30 articles, the main contents of which are as follows:^[16]

• The state and governments at all levels have the obligation to protect heroes and martyrs, praise and commemorate them, and safeguard their dignity and legitimate rights and interests. The whole society should respect, learn from, and defend heroes and martyrs. (Article 2)
• People's governments at all levels and the military should strengthen the protection of heroes and martyrs, and publicize and promote the deeds and spirit of heroes and martyrs as an important part of the construction of socialist spiritual civilization. (Article 4)
• September 30th of each year is Martyrs' Day. The state and local people's governments at or above the county level and relevant military departments shall hold commemorative activities on Martyrs' Day. On Qingming Festival and important commemorative days, government agencies, groups, villages, communities, schools, enterprises, institutions and relevant military units shall organize and carry out commemorative activities for heroes and martyrs based on actual conditions. (Article 5)^[17]
• The Monument to the People's Heroes in Tiananmen Square is a permanent memorial facility to commemorate and remember the heroes and martyrs. The monument itself, its name, title, inscriptions, reliefs, graphics, and signs are protected by law. (Article 7)
• The state shall establish and improve the system and etiquette for sweeping memorials to heroes and martyrs, and guide citizens to carry out memorial sweeping activities in a solemn and orderly manner. If heroes and martyrs are buried abroad, Chinese embassies and consulates abroad shall organize memorial sweeping activities in light of the actual conditions of the host country. (Article 14)
• It is prohibited to distort, vilify, blaspheme or deny the deeds and spirit of heroes and martyrs; it is prohibited to use the portraits and names of martyrs for commercial promotion. The names, portraits, reputation and honor of heroes and martyrs are protected by law. (Article 22)
• The relatives of martyrs may file a lawsuit against those who infringe upon the rights of martyrs; if a hero or martyr has no immediate relatives or if the immediate relatives do not file a lawsuit, the procuratorate shall file a public interest lawsuit. (Article 25)^[18]
• Those who blaspheme or deny the deeds and spirit of heroes and martyrs, publicize or glorify aggressive wars and acts of aggression, provoke trouble, or disrupt public order, and constitute acts that violate public security management, shall be subject to public security management penalties by the public security organs in accordance with the law; if they constitute a crime, they shall be held criminally liable in accordance with the law. (Article 27)