What is the significance of the SPP’s first issue of a guiding case on the criminal judicial protection of personality right?

2022-05-25 0 By

Press conference on February 21, held the highest inspection to “adhere to the people as the center, strengthening the protection of personality right of criminal network times” as the theme of the press conference, there are two main agenda: one is the release of the Supreme People’s Procuratorate 34 group of guiding cases, introduces the procuratorial organ to strengthen criminal personality right protection;Second, take questions from journalists.Li Xuehui, spokesperson for the SPP, said at the press conference that the procuratorate attaches great importance to the protection of personal rights.On the occasion of the first anniversary of the implementation of the Civil Code, the Supreme People’s Procuratorate for the first time issued a guiding case on the criminal judicial protection of personality right. The purpose is to practice the concept of “people-oriented” and “people first”, organically combine criminal and civil judicial protection, and form a strong judicial synergy to protect citizens’ personality right in the Internet era.Highest check 34 group of guiding cases focus on spiritual personality right of the criminal protection of the highest inspection JianWeiHui committee member, the first director of the warrant MiaoSheng Ming said at the news conference, in order to promote the national procuratorial organs with high degree of political consciousness, the rule of law consciousness, the procuratorial consciousness good in-depth implementation of the civil code related spirit, strengthen the guidance of procuratorial case, actively response to social concerns,The SPP issued the 34th batch of guiding cases under the theme of “Criminal protection of Personality Rights in the Internet Era”.This batch of guiding cases mainly focuses on the criminal protection of spiritual personality right.Focus on citizen’s personality right protection by heart with love for the people around “small case” MiaoSheng Ming in the briefing to introduce, since 2019, the procuratorial organs had approved the criminal suspect arrested alleged insult, libel, 168 people, 12410 people suspected violations of the citizens’ personal information crime suspect, alleged violations of the heroic martyrs fame, honor crimes suspects 12 people;A total of 213 defendants were prosecuted for the crime of insult and libel, 21,923 defendants for the crime of infringing on the personal information of citizens, and 15 defendants for the crime of infringing on the reputation and honor of heroes and martyrs.The legitimate rights and interests of the victims were effectively protected by accusing them of crimes.On the one hand, the crime cycle of infringing personal rights in the Internet environment has obvious stages, and such cases are often accompanied by hot cases, Miao shengming said.On the other hand, insulting, defaming and infringing on citizens’ personal information on the Internet can spread fast, spread widely, cause serious harm and have uncontrollable consequences.The procuratorial organs firmly grasped the characteristics of the cases, handled typical cases in a timely and accurate manner in accordance with the law, guided the handling of such cases, and actively implemented the responsibility system of “law popularization by law enforcement”, guided and standardized social behavior, and clearly conveyed to the society a message that “cyberspace is not a place outside the law”.In accordance with law, accurately grasp the nature of the behavior and the plot implementing the criminal policy of combining MiaoSheng Ming, strengthening policy guidance, the highest check accurately grasp the nature of the behavior and to deal with the basic follow case, such as deal with violation of the criminal law amendment (11), add heroic martyrs fame, honor cases, clearly put forward both public security penalties and criminal penalties,All should follow the principle of strict punishment in accordance with the law.If the circumstances are serious, a decision on approval of arrest or prosecution shall be made according to law.For those who have not been dealt with as a crime but have violated the law, the public security organs shall be advised to give heavier public security punishment according to law.Top inspection supervisory guidance more than 30 kinds of personality right infringement crimes MiaoSheng Ming is introduced, the caused widespread concern of personality right infringement crimes, the highest procuratorial integration advantages into full play, establish and improve the rapid response mechanism, supervisory, tracking, guidance in time, according to the characteristics of different cases in accordance with the flexible grasp policy and law application, strict quality standards for the case,Supervised the handling of more than 30 criminal cases of infringement of personal rights, such as the “Hot pen Ball” case of infringing upon the reputation and honor of heroes and martyrs, and the “Defamation case of Hangzhou woman taking express delivery”.Constantly improve cooperation with other law enforcement and judicial organs miao Shengming introduced, the procuratorial organs to strengthen cooperation with public security organs, people’s courts, mutual restraint.To guide timely, standardized and comprehensive investigation and evidence collection, to find out the facts, to coordinate with the public security organs in the nature of the act and the determination of the circumstances, and to distinguish cases and handle them separately.Timely communication with people’s courts on standards of evidence and application of procedures to ensure the quality and efficiency of handling cases.Among them, qiu mou infringed on the reputation and honor of heroes and martyrs, Lang mou, he mou network defamation case by the Central Network information Office, the Supreme People’s Procuratorate as the party since the 19th national Congress of the network rule of law ten typical cases.The basic situation of guiding case (1) check case no. 136 qiu mou infringes on the reputation of hero martyr, honor case.Qiu (weibo account “Hot Bixiaoqiu”) posted comments on Sina Weibo, distorting the deeds of heroes and martyrs who defend the country and border areas, denigrating and defaming the reputation and honor of heroes and martyrs.This case was the first case in which the procuratorial organ approved the arrest for the crime of infringing upon the honor and honor of heroes and martyrs after the implementation of the Eleventh amendment to the Criminal Law.The handling of this case is of great guiding significance to the handling of similar cases in terms of the definition of the connotation of “hero and martyr”, the grasp of the incriminating standard of “serious circumstances”, the application of the principle of both the old and the lighter in criminal cases, the relationship between the new law and the old law, and the proposal of civil public interest litigation attached to criminal cases.(2) the prosecution of no. 137 Lang mou, he Mou libel case.Lang secretly filmed the video of the victim Gu picking up the Courier, and he posing as a Courier and Gu respectively, fabricated the wechat chat records of Gu getting acquainted with the Courier and having improper sexual relations for many times and posted them on the network.The video and wechat chat records were widely spread online, triggering a large number of vulgar and insulting comments, which seriously affected Gu’s normal work and life and seriously disrupted public order.The procuratorial organs accurately grasped the identification conditions for the transfer of private prosecution to public prosecution for cyber defamation crimes that “seriously endanger social order”, persisted in active performance of duties, promoted the case from private prosecution to prosecution through public prosecution procedure, put on file, investigated and prosecuted the crime, effectively protected the legitimate rights and interests of the victims and maintained the order of cyberspace.The handling of the case has important guiding value for how to grasp the “serious harm to social order” and how to link up the procedure when the private prosecution case has been registered and meets the conditions of public prosecution.(3) the case of no. 138 Yue insult.Yue mou and the victim during the association, took the victim’s naked video, photos.After the two broke off relations, Yue, in retaliation for the victim, will be the victim’s naked video and written with insulting text photos posted to his wechat circle of friends, Kuaishou APP, and sent to the victim’s family.The above insulting information is rapidly spreading and fermenting locally, resulting in a bad social impact.The victim was under pressure from public opinion, and finally succumbed to humiliation by taking poison.The handling of the case has an important guiding significance for clarifying the definition of this kind of behavior, the standard of “serious circumstances” for the crime of insult, and the standard of prosecution for “serious harm to social order”.(four) the case of no. 139 qianmou production, trafficking, dissemination of obscene articles for profit.Qian secretly installed a camera in the hotel, secretly filmed the guests’ sexual behavior, after screening and editing, sold on the network, or directly sold the camera network link for others to watch.For the case involving the issues of applicable law, the procuratorial organ to define “obscene” “selling, communication behavior,” punished severely according to law under the background of network spread pornographic materials crime, and through the compilation of the case, the candid behavior in practice, how should according to the act’s behavior and purpose is suitable for various charges shall be investigated for criminal responsibility in accordance with the proposed guidance.(5) the case of no. 140 ke violation of citizens’ personal information.Ke mou operation “Fang Li help” website and the development of the same name mobile APP, to sell second-hand housing rental information in Shanghai as the main business.During operation, ke a member to upload to your website real cash incentives to housing information owner, attract to master the class information of real estate intermediary personnel and provide information to the site registered members and paid for the home addresses and owner name, phone and other non-public content owner housing information of more than 30, ten thousand, sale profit of more than 150 ten thousand yuan.Release the case to explicitly include real estate information and identification information owner houses belong to the citizens’ personal information, information of limited purpose, scope, others in the case of without prior authorization information owner, illegal acquisition, sale, if the circumstances are serious, if the case constitutes a crime, criminal responsibility shall be investigated for infringement of citizens’ personal information crimes.The Supreme People’s Procuratorate (SPP) will continue to strengthen the protection of personal rights by implementing the “Opinions of the CPC Central Committee on Strengthening procuratorial Organs’ Legal Supervision in the New Era” as an opportunity, miao Shengming said.▶ Strengthen normative guidelines, research and develop relevant normative documents;▶ Enhanced case guide, selected and published typical cases.The 34th Batch of guiding cases focuses on three aspects of criminal protection of personality Rights in the Internet Era, Miao Shengming said when answering questions from reporters that the SPP has decided on the theme of criminal protection of personality rights in the Internet era, with the following three considerations:In the new era, the people’s demand for democracy, rule of law, equity, justice, security and the environment is growing. They want to live a more dignified and decent life and strengthen the protection of reputation, honor, privacy and personal information. These are the demands of the people for the rule of law in the new era.▶ Second, from the legal level, the special edition of the Civil Code stipulates the right of personality, strengthens the protection of the right of personality, and highlights the respect and protection of personal dignity by the state and laws.The Personal Information Protection Law has further strengthened the protection of personal information and improved the legal system of personal information protection.▶ Third, seen from the development of science and technology, the Internet has been integrated into every aspect of people’s production and life.The development of the Internet has brought convenience, but the cyberspace is also chaotic.Moreover, compared with the traditional means of crime, the use of the network to commit a crime is more harmful to the rights and interests of the victims, the social impact is worse.Therefore, based on the above factors, we choose this theme to issue guiding cases to guide law enforcement and judicial organs to strengthen judicial activities and punish crimes, as well as to warn and educate the society.Luo Qingdong, deputy director of the First Procuratorial Office of the Supreme People’s Procuratorate, said in an answer to reporters’ questions that the five guiding cases were selected for the following reasons: 1) having a strong typicality;② With clear guidance;③ The case handling effect is better.Aiming at the condition of the passenger privacy can not get effective guarantee procuratorial suggestion prosecutor, jinjiang district, chengdu city, sichuan province’s procuratorate inspection cases of no. 139 promoter Du Shihua said when answer questions from reporters, in handling Qian Mou production, selling and disseminates pornographic materials to profit, in view of the case in the privacy of passengers found after the hotel security cannot get effective guarantee,We have made recommendations to industry organizations and competent authorities on the establishment and improvement of passenger privacy protection systems and the implementation of real-name check-in systems.Ke case is of great significance to promote industry norms Zhao Xinming, vice president and secretary general of China Real estate Appraisers and Real estate Brokers Association, said in an answer to reporters’ questions, the prosecution case no. 140 ke infringed on citizens’ personal information is of great significance to promote industry norms.First, the interpretation of the law based on the case has a “solid” effect and is conducive to the protection of individual rights.Second, the effect is “good” and conducive to fulfilling the obligation of information protection.The next step will focus on the following work: First, issue risk tips.Second, standardizing professional behavior.Third, strengthen credit management.Miao Shengming said in response to reporters’ questions that this batch of five guiding cases released by the SPP reflects three distinct characteristics: (1) It reflects that the procuratorial organs practice Xi Jinping thought on the rule of law, adhere to the people as the center, and handle “small cases” around the people with heart and love;(2) reflects the procuratorial organs in the new era to actively perform their duties, active justice;(3) Reflects the prosecution will effectively integrate socialist core values into judicial handling cases, leading social justice with judicial justice.Deceased heroes should be included in the model character of violations of the heroic martyrs’ reputation, the highest honor crimes protection object check first deputy head of the warrant Luo Qingdong said when answer questions, and people for the country and the people have made great contribution and sacrifice of the late hero model character, its reputation and honor is bearing the weight of socialist core values,It should be included in the protection object of the crime of infringing on the reputation and honor of heroes and martyrs, and be protected as a whole in criminal law as the reputation and honor of heroes and martyrs.Procuratorial organs are committed to criminal protection of personality right in the Internet era, presenting three distinct features, said Li Xuehui, spokesperson of the Supreme People’s Procuratorate.In prosecuting ordinary criminal crimes, procuratorial organs still maintain a high-handed attitude towards serious infringement of citizens’ basic personal rights such as the right to life, body and health, resolutely crack down on crimes and resolutely defend human rights.At the same time, according to the people’s needs for a better life, in the new era, more attention is paid to the “invisible” criminal judicial protection of spiritual personality right, and strive to give effective protection in all directions.▶ Second, active “active” protection.The procuratorial organs bear in mind that “the people are prosecuting for the people”, adhere to the principle of “power for the people”, apply procuratorial power prudently in accordance with the law to the “small cases” around the people, lend a helping hand to the victims and their families who are caught in the vortex of public opinion such as “Internet exposure” and “rumors”, and actively perform their duties in accordance with the law to transmit the procuratorial temperature.▶ Third, continuous “dynamic” protection.Today’s release of typical cases of criminal judicial protection of personality right is just the beginning.The procuratorial organ will continue to dynamically strengthen the criminal judicial protection of the right of personality. In the next step, it will pay attention to the infringement of privacy rights by online live broadcasting and invading houses, so as to intensify the handling of cases and release typical cases timely.Text: Shi Hongmei Photo: Zhong Xinyu Editor: Li Mengxin Source: The Public wechat platform of the Supreme People’s Procuratorate