People's Republic of China Law on the Protection of Heroes and Martyrs (Draft)

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Article 1: This law is formulated so as to strengthen protections of heroes and martyrs; to carry forward and pass on the spirit and patriotism of heroes and martyrs; to preserve the societal public interest, to cultivate and practice the core socialist values, and to inspire the glorious spiritual force of the realization of the China dream of the great renewal of the Chinese People.

Article 2: The State and people will always revere and honor the memory of the sacrifices and contributions that heroes and martyrs made for the nation, the people and our ethnicity. The spirit of the heroes and martyrs in modern times who bravely gave their lives in lifelong struggle and made history with their achievements, to struggle for ethnic independence and the people's liberation, to bring about the prosperity of the nation and the happiness of the people, to promote world peace and the advancement of humanity, is eternal.

Article 3: Heroes and martyrs are outstanding representatives of the Chinese ethnicity, the deeds and spirit of heroes and martyrs are an important manifestation of the common historical memory and core socialist values ​​of the Chinese ethnicity.

The State protects heroes and martyrs and commends and commemorates heroes and martyrs, preserving the dignity and lawful rights and interests of heroes and martyrs. The entire society shall honor, study, and champion the heroes and martyrs.

Article 4: All levels of people's government shall strengthen the protection of heroes and martyrs and make publicity and promotion of the deeds and spirit of heroes and martyrs an important part of the establishment socialist spiritual civilization.

Civil affairs departments and other relevant departments of people's governments at the county level or above shall earnestly perform their duties in accordance with the provisions of laws and regulations,to do a good job in the protection of heroes and martyrs.

In accordance with the provisions of the State Council and the Central Military Commission, the relevant military departments is to do a good job in the protection of heroes and martyrs. People's government at the county level or above shall include the funds for the work of protecting heroes and martyrs in the budget for that level.

Article 5: September 30 of each year is to be the Martyrs' Day of Remembrance, and the State is to hold a commemorative ceremony before the People's Heroes' Memorial in Beijing's Tiananmen Square, to cherish the memory of the heroes and martyrs.

Local people's governments at the county level or above and the relevant military departments shall hold commemorative activities on the Martyrs' Day of Remembrance to cherish the memory of heroes and martyrs.

Local people's governments at the county level or above and the relevant military departments shall hold commemorative activities on the Martyrs' Day of Remembrance to cherish the memory of heroes and martyrs.

Article 6: On Tomb Sweeping day and on important anniversaries, state organs, groups, villages, communities, schools, enterprises and public institutions, and relevant military units, are to organize commemorative activities for heroes and martyrs according to actual conditions.

Article 7: The State is to establish memorial facilities to commemorate and cherish the memory of heroes and martyrs. The Monument to the People's Heroes, which stands in Tiananmen Square in Beijing, is a spiritual symbol of the Chinese and the Chinese ethnic- to strive for national independence and liberation, the freedom and happiness of the people and the prosperous and prosperous nation. It is a permanent memorial service for the nation and the people in commemoration and memory of heroes and martyrs.

It is a symbol the spirit of liberation, the people's freedom and happiness, and the nation's prosperity and strength; and is a permanent memorial facility for the people and nation to celebrate the memory of heroes and martyrs.

Monuments to the people's heroes, and their names, titles, inscriptions, reliefs, graphics, logos and so forth, are to receive legal protection.

Article 8: As actual conditions allow, the State Council and local people's governments at the county level or above shall include the establishment of heroes and martyrs' memorial facilities in the citizens' economic and social development plans,strengthen preservation and management of heroes and martyrs' memorial facilities, and verify that heroes and martyrs' memorial facilities that have important significance for memorializing or for education shall be declared cultural preservation units.

Central finance is to provide subsidies for the upkeep and creation of heroes and martyrs' memorial facilities in the old revolutionary base areas, minority regions, border regions, and impoverished areas, in accordance with national provisions.

Through cooperation with relevant countries, the state is to strengthen the maintenance and repair work for heroic martyrs' memorial facilities located abroad.

Article 9: Heroes and martyrs' memorial facilities shall be open to the public free of charge for the people to pay respects at memorial facilities, to honor the heroic martyrs,

console these heroic souls, and to carry out educational and memorial activities. The memorial facilities provided for in the preceding paragraph are administered by the relevant units of the military and made open in accordance with the relevant provisions of the armed forces.

Article 10: Heroes and martyrs' memorial facility preservation units shall complete specifications for work on reverence and mourning services and security management, maintaining the atmosphere of solemnity, austerity, and tranquility for memorial facilities, and providing a respectful, contemplative and educational environment for the public.

Activities unrelated to commemorating the heroes and martyrs must not be engaged in by any organization or individual within the protected are of heroes and martyrs' memorial facilities.

It is prohibited to encroach upon the land and facilities in the protected area of heroes and martyrs' memorial facilities, and it is prohibited to damage or vandalize heroes and martyrs' memorial facilities.

Article 11: When a martyr is to be buried, the people's government at the county level or above and the relevant departments of the military shall carry out the reverent, solemn, civilized, and frugal reception and funeral rites for the martyr's ashes or remains (body), and give a dignified and courteous reception, and express respect and sorrow for the loss of the martyr.

Article 12: The state is to establish and complete systems for memorializing martyrs. and norms of etiquette, and guide citizens to respectfully and orderly pay their respects.

Where heroes and martyrs are buried abroad, the embassy or consulate of the People's Republic of China that is stationed in that country shall organize carry out the memorial activities. Relevant departments of the people's government at the county level or above shall facilitate martyrs' survivors' paying their respects.

Article 13: The relevant departments of the people's government at the county level or above shall guide citizens to remember the deeds and spirit of the heroes and martyrs, by paying respects at heroes and martyrs' memorial facilities, collective oaths, online memorial ceremonies and so forth.

Article 14: The state encourages and supports the study of the deeds and spirits of the heroic martyrs, guiding understanding and recounting history through dialectical materialism and historical materialism.

Article 15: All levels of people's government and relevant departments of the military shall organize and carry out research, compilation and promotion of heroes and martyrs' historical materials, strengthen collection, protection, and displaying of historical materials and relics.

The state encourages and supports the old revolutionary base areas to give play to their advantage in local resources for carrying out research and publicity on the deeds and spirit of heroes and martyrs.

Article 16: Administrative departments for education shall include publicity and education on heroes and martyrs' deeds and spirit in the citizens education system, with an emphasis on young students.

Departments for education administration and all levels and types of school, shall include the deeds and spirit of martyrs in their curricula and strengthen patriotic, collectivist, and socialist education for their students.

Article 17: The departments of culture, press, radio and television, Internet information, and so forth shall encourage and support the production and promotion of excellent literary and artistic, film and television, works as well as publications with the subject of, or carrying forward, the spirit of heroes and martyrs.

Article 18: Media such as radio, television, newspapers and the Internet shall use multiple methods such as broadcasting or publishing works on heroes and martyrs, publishing public interest advertisements, and having special columns,to give widespread publicity to the deeds and spirit of heroes and martyrs.

Article 19: Citizens who sacrifice their lives and are deemed martyrs in accordance with law , and are to have their heroic self-sacrifice praised. The state is to implement systems for rewards in praise of honors and for bereavement benefits and preferential treatment. Martyrs' survivors are to enjoy the reward in honor of the martyr and bereavement benefits in accordance with state provisions. The relevant local people's government shall, in accordance with the relevant national provisions, give preferential treatment to the survivors of martyrs in areas such as education, employment, eldercare, housing, and medicine.

Article 20: The state's bereavement benefits and preferential treatment survivors of martyrs shall correspond with the national economy and social development, and gradually increase. People's governments at all levels and relevant departments shall take care of the working and living conditions of the survivors of martyrs and visit the survivors of the martyrs regularly.

Article 21: The state encourages and supports natural persons, legal persons and unincorporated organizations to participate in the heroic martyrs' protection work by donating assets or providing public service. Where natural persons, legal persons and other organizations donate assets for use in protecting heroes and martyrs, they are to enjoy tax benefits in accordance with law.

Article 22: It is prohibited to distort, disparage, discredit or deny the deeds and spirit of heroes and martyrs. The names, images, reputation, and honor of heroes and martyrs are protected by law. The names, images,reputations and honor of heroes and martyrs must not be insulted, defamed, or violated through other means by any person, either in public or through radio, television, newspapers, books, the internet, and so forth. The names and images of heroes and martyrs must not be used or covertly used as trademarks or commercial advertisements.

Where departments such as for public security, culture, news and publication radio and television, the Internet, civil affairs,and industry and commerce discover the conduct provided for in the preceding paragraph, it shall promptly handled in accordance with law to avoid or mitigate the harmful consequences.

Article 23: Where during work on the supervision and management of network information, Internet information departments and other relevant departments discover the publication or transmission of information that insults, defames, or otherwise violates heroes and martyrs' names, images, reputations, and honor, they shall request that the network operators stop transmission, employ disposition measures such as elimination, and other necessary measures.

When a network operator discovers that its users have published the information specified in the preceding paragraph, they shall immediately stop transmitting the information and employ disposition measures such as elimination, prevent the information spreading, store relevant records, and report to the relevant competent departments. Where network operators fail to employ disposition measures such as stopping the transmission or elimination, punishment is to be given in accordance with the "Cyber ​​Security Law of the People's Republic of China".

Article 24: Any unit or individual has the right to report violations of heroes and martyrs' lawful rights and interests, and other conduct in violation of the provisions of this Law, to the civil affairs, public security and Internet communications departments, and departments that receive these reports shall promptly handle the cases according to law.

Article 25: The close relatives of heroes and martyrs whose name, image, reputation, or honor is infringed upon may lawfully file suit in the people's court.

Where the infringed upon heroes and martyrs have no close relatives or where their close relatives do not initiate file suit, the procuratorial organs may lawfully bring lawsuits in the people's courts according to law over the conduct infringing on the heroes and martyrs' name, image, reputation, or honor that harms the societal public interest.

Where the close relatives of heroes and martyrs file a lawsuit in accordance with the provisions of the first paragraph, the legal aid institutions shall provide legal aid services in accordance with law and the people's court shall waive the litigation fees.

Article 26: Those violating the names, images, reputation, and honor of heroes and martyrs shall bear civil responsibility in accordance with law.

Article 27: Where activities unrelated to commemorating the heroes and martyrs are engaged in within the protected area memorial facilities, the unit for preservation of the memorial facilities shall promptly discourage them; and where they do not heed the discouragement, the people's government at the county level or above's departments for civil affairs and for cultural artifacts are to give criticism and education in accordance with provisions, and order corredtions; where there are violations of the administration of public security, the public security organs are to give public security administrative sanctions in accordance with law.

Those occupying, damaging, or vandalizing heroes and martyrs' memorial facilities are to be ordered to make corrections by the civil affairs departments of people's governments at the county level or above, are to bear civil liability for restoring them to their original condition or paying for losses in accordance with law; and where the occupied, damaged, or vandalized memorial facility is a cultural preservation unit, punishment is in accordance with the "People's Republic of China Law on Protection of Cultural Artifacts"

Article 28: Where there occupation, damage, or vandalizing of heroes and martyrs memorial facilities, or the insulting and defaming of heroes and martyrs, constitutes a violation of the administration of public security, a public security administrative sanction is to be lawfully given by the public security organs; where a crime is constituted, criminal responsibility is pursued in accordance with law

Article 29: Where the staff of relevant departments of people's governments at the county level or above have abused their powers, derelicted their duty or twisted the law for personal gain, disciplinary action shall be lawfully taken against directly responsible managers and other directly responsible personnel; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 30: This Law takes effect on xx-xx-xxxx.

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