Supreme People’s Procuratorate named “old husband and young wife” spoof event: victims should not be allowed to protect their rights alone

2022-06-22 0 By

The fifth session of the 13th National People’s Congress (NPC) held its second plenary meeting at the Great Hall of the People in Beijing, Capital of China, March 8, 2018. The session heard and deliberated the work report of the Supreme People’s Court and the Supreme People’s Procuratorate.In the report, Zhang Jun, procurator-general of the Supreme People’s Procuratorate, singled out the spoof incident as a representative case of creating a clean cyberspace and protecting citizens’ personal rights.As the draftsman of the report, Ma Qi, director of the General Office of the Supreme People’s Procuratorate, explained: “For such cases, the judicial authorities must act when they should, and the victims cannot protect their rights by themselves.”The case mentioned in the SPP report, which occurred only a few months ago, is still fresh in the minds of many Internet users.At that time, the two people, whose reputations had been smeared, were misunderstood and attacked by thousands of netizens just because of a spoof online post that “looked at pictures and talked”, and experienced a terrible experience that was close to “social death”.After the main character of the photo came forward to clarify the facts, many netizens feel injustice to the person involved in this groundless disaster, and hope that the rumor will be severely punished and pay the price corresponding to the evil results caused.Finally, under the attention of public opinion, the public security organs in Guangdong province to the public prosecution case on the case, the suspect Wu was also approved to arrest in December last year, waiting to accept the trial of the law.Under normal circumstances, the infringement of others’ right of reputation by fabricating facts and spreading rumors may only be subject to administrative punishment if the circumstances are relatively light. In principle, those who are suspected of libel are also classified as criminal private prosecution cases.However, in recent years, there have been frequent network defamation events with wide spread and particularly bad influence, which not only seriously infringed on the personal rights of the parties concerned, but also aroused strong public indignation, causing no small negative impact on the social order.In this context, starting from the case of Hangzhou Ms. Wu in 2020, a number of cases of infringement on citizens’ personal rights have been dealt with in the form of public prosecution. This landmark case was also written into the work report of the Supreme People’s Procuratorate last year.Now, the SPP’s work report has once again highlighted the protection of citizens’ personal rights and cyberspace order through specific cases, which not only proves the determination of relevant departments to vigorously crack down on such illegal and criminal activities, but also shows that this work is not a temporary wind, and will continue for a long time to come.Both the two cases successively written into the WORK report of the Supreme People’s Procuratorate and other similar cases reflect the effectiveness of the prosecution in protecting citizens’ personal rights through active intervention.In these cases, there are both “private prosecution to prosecution” defamation cases, there are also direct prosecution of provoking trouble cases.How to determine this kind of case in court is a specific criminal law professional problem.On the other hand, whether the victims are less wronged and the perpetrators are punished is a more intuitive indicator of justice in the public’s eyes.The active intervention of prosecutors can not only reduce the cost of protecting the rights of victims, but also play a role in promoting the attitude of the state to the society.In the past, there were many vilified, innocent litigants who, lacking legal knowledge and social resources, were trapped in the “quagmire of litigation,” exhausted even when they eventually won.Although the defamer will eventually pay a price, what happens to these victims is likely to have a chilling effect, making it harder for future defamers to defend their rights.For a long time, the loss of personal rights seemed like a “small thing” compared to the loss of life, health and property rights.It may be considered “unworthy” to go out of your way to defend such a “small thing.”However, with the improvement of the building of the rule of law and the improvement of civic consciousness, people increasingly attach importance to the value of personality right.At this time, the relevant department is decisive, with the way of active intervention “hit a typical”, not only to the violator’s frighten, but also for the positive change of social concept “support”.In essence, judicial work can not only implement justice in individual cases, but also use individual cases as a tool to promote the development and progress of social governance.(Source: China Youth Daily client)