The prosecution claimed that it should bear civil tort liability.
On December 21, the case of "Founding Major General He Kexi was rumored to be a traitor" was tried in the Hangzhou Internet Court.
The scene of the trial. The Paper reporter Zhong Changyu pictured.
Previously, the founding major general He Kexi's ** was misappropriated by some self-** as a "revolutionary traitor" and a large number of short **, causing a bad impact. On November 30, the Xihu District Procuratorate filed a civil public interest lawsuit against Guo Moumou, He Moumou, and Fu Moumou for infringing on the portrait, reputation and honor of the revolutionary hero He Kexi, and pursued the civil tort liability of the three people.
Comrade He Kexi's "First Class Liberation Medal" certificate. Tide News Figure.
Ms. Shi, a family member of General He Kexi, said in an interview with reporters that in early August, she received a letter from the Party History Research Office of the Ningbo Municipal Party Committee, saying that she had found that she had used her grandfather's ** and posted it on the Internet, suspected of slandering, insulting, and slandering heroes and martyrs. Ms. Shi and her relatives found that the content of these ** accounts involving her grandfather was basically the same, and they ranked the "Top Ten Worst Traitors of the CCP" and added a brief introduction. Among them, "Gu Shunzhang" corresponds to ** when her grandfather was young**, with the text "The most dangerous traitor in the history of the CCP".
The Xihu District Procuratorate claimed that online bloggers should ensure that the information they publish is objective and true, and must not publish false information that infringes on the legitimate rights and interests of others. Guo XX, He XX, and Fu XX failed to fulfill their obligation to release and verify information, and used the portrait of Comrade He Kexi for the portrait of the traitor Gu Shunzhang. As a revolutionary pioneer, Comrade He Kexi made important contributions to the struggle for national independence and the people's liberation, and belonged to the category of heroes stipulated by law. According to the Heroes and Martyrs Protection, the names, likenesses, reputations, and honors of heroes and martyrs are protected by law. Heroes and martyrs' names, likenesses, reputations, or honors must not be infringed upon by any organization or individual on the internet by insulting, defaming, or otherwise being infringed upon. "The actions of the three people infringed on Comrade He Kexi's portrait, reputation and honor, hurt the feelings of the relatives of the revolutionary heroes, undermined the social atmosphere and public morality of respecting heroes and martyrs, and were not conducive to the continuous inheritance of the common interests of the nation, and harmed the public interest. According to the relevant provisions of the Heroes and Martyrs Protection and the Civil Code, the three should bear civil tort liability in accordance with the law.
The surging news learned from the trial scene that the Xihu Procuratorate appealed to the court: order the defendants Guo Moumou, He Moumou, and Fu Moumou to publicly apologize and eliminate the impact on the national influential **, and compensate 100,000 yuan, 40,000 yuan, and 10,000 yuan respectively for public welfare damages.
The Xihu Procuratorate said that the compensation money will be used to publicize and praise Comrade He Kexi's heroic deeds and to maintain and guarantee the facilities of Comrade He Kexi's memorial site. Subsequently, the specific use of the compensation will be determined after soliciting the opinions of He Kexi's family.
According to reports, He Kexi was born in 1906, a native of Emei County, Sichuan, and joined the Communist Party of China in 1929. In 1935, he went to Shanghai to engage in intelligence work and became a member of the ** Special Branch. In 1938, he led his troops to go deep behind enemy lines in the south of the Yangtze River to open up an anti-Japanese revolutionary base area, and in 1942, he was appointed commander of the East Zhejiang Column of the New Fourth Army and a member of the East Zhejiang District Party Committee. After the victory of the Anti-Japanese War, He Kexi successively served as the political commissar of the 3rd Brigade of the 1st Column of the New Fourth Army, the deputy commander of the 1st Column of the East China Field Army, and the political commissar of the 35th Army, and led his troops to participate in the liberation of Nanjing in April 1949. In September 1955, at the first general award ceremony in China, He Kexi was awarded the rank of major general, becoming the "founding major general" and awarded the first-class liberation medal. In 1966, He Kexi went to work in Zhejiang and served as the vice chairman of the provincial CPPCC until his death.
*: The Paper (Reporter Zhong Changyu)].
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