Law of the People’s Republic of China on the Protection of the Status, Rights, and Interests of Servicepersons

Updated: 2021-06-10

Chapter VI Legal Liability

Article 63 Where a state organ, a military unit or any of their staff members, in violation of the provisions of this Law, abuses the power, neglects the duties or engages in malpractices for private gain in the protection of the status, rights, and interests of servicepersons, the organ or the unit, the competent departments overseeing the organ or the unit, or the higher-level authority shall give an order of corrections, and the responsible leading persons and directly liable persons shall be given sanctions in accordance with the law.

Article 64 Where a people's organization, enterprise, public institution, social organization or any other organization, in violation of the provisions of this Law, fails to perform its obligation to provide preferential treatment for servicepersons, relevant departments shall order it to make corrections; and the directly liable persons in charge and other directly liable persons shall be given sanctions in accordance with the law.

Article 65 Where anyone, in violation of the provisions of this Law, defames or denigrates the honors of servicepersons, insults or slanders servicepersons through mass media or other means, or intentionally destroys or defaces the marks of honor of servicepersons, competent departments of public security, culture and tourism, press and publication, film, radio and television, cyberspace, or others, shall, in accordance with their respective mandate, order corrections be made, and handle the violation in accordance with the law. Where any mental damage is caused, the victim shall have the right to compensation for the mental distress.

Article 66 Where any honor, benefit, or subsidy prescribed in this Law is fraudulently claimed or obtained by means of fraud and falsification of proof documents, relevant departments shall revoke such benefit and impose on the violator administrative penalties such as confiscation of the illegal income in accordance with the law.

Article 67 Anyone who, in violation of the provisions of this Law, infringes upon the lawful rights and interests of servicepersons and causes property loss or other damage shall bear civil liability in accordance with the law.

Where a violation of the provisions of this Law constitutes a violation of public security administration, the violator shall be subject to public security administration penalties in accordance with the law. And where a violation constitutes a crime, the violator shall be held criminally accountable in accordance with the law.

Chapter VII Supplementary Provisions

Article 68 For the purpose of this Law, the term "military dependents" means servicepersons' spouses, parents (fosterers), minor children, and adult children who cannot support themselves.

For the purpose of this Law, the term "survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions" means the spouses, parents (fosterers), and children of martyrs and servicepersons who died in the line of duty or due to medical conditions, as well as siblings under their legal guardianship of the said martyrs and servicepersons.

Article 69 This Law applies to officers, non-commissioned officers, and conscripts of the Chinese People's Armed Police Force.

Article 70 Provinces, autonomous regions, and municipalities directly under the central government may, in light of their local conditions, develop specific measures to protect the status, rights, and interests of servicepersons in accordance with this Law.

Article 71 This Law shall come into force as of August 1, 2021.1


 


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