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Martyrs Praise Bill

Original Language Title: 烈士褒扬条例

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People's Republic of China promulgated by Decree No. 601

                       Martyrs praise the Executive meeting of the State Council on July 20, 2011 164th adoption of the regulations, are hereby promulgated and, as of August 1, 2011.

                       Prime Minister Wen Jiabao
  July 26, 2011 chapter I General provisions

The first in order to carry forward the spirit of the martyrs, pensions and preferential treatments for survivors of the martyrs, this Ordinance is enacted. A citizen to defend the homeland and the sacrifice was assessed as a martyr for the cause of Socialist construction, in accordance with the provisions of this Ordinance shall be praised.

Survivors of the martyrs, in accordance with the provisions of this Ordinance and enjoy pensions and preferential treatments.

Article on pensions and preferential treatments should be given to survivors of martyrs with the increase of economic and social development, safeguard the lives of survivors of the martyrs is not lower than the average living standards of local residents.

The entire society should support the work martyrs praise and give preferential treatment to help survivors of the martyrs.

State encourages citizens, legal persons and other organizations as a martyr and praise the martyrs ' survivors ' contributions to pensions and preferential treatments.

Martyrs of the fourth survivor's pensions and preferential treatments for funds and praise the martyrs included in the budget.

Martyrs praise martyr and survivor's pensions and preferential treatments for funding should be earmarked, and accept supervision by the financial sector, auditing organs.

Fifth people's Governments above the county level shall strengthen the martyrs Memorial facility protection and management, and provide a good place to commemorate the martyrs. Governments at all levels should publicize stories of martyrs as an important content of the construction of socialist spiritual civilization that fosters a spirit of patriotism, collectivism, and Socialist morals.

State organs, organizations, enterprises and institutions shall take a variety of forms of commemoration of martyrs, learning, promotional martyr story. Praise of martyrs sixth civil affairs departments of the State Council is responsible for the national job.

Local people's Governments at or above the county level Civil Affairs Department responsible for the administration of martyrs praise.

Seventh article in praise of martyrs have made remarkable achievements in the work unit or individual, in accordance with the relevant provisions of the State giving commendations and awards.
  Chapter evaluation of the martyrs

Article citizens ' sacrifices in accordance with one of the following, assessed as a martyr:

(A) to investigate and punish crimes, implementation of national security tasks, carry out anti-terror missions and respond to emergencies in the sacrifice;

(B) disaster relief or other in order to rescue, protect State property, collective property, the sacrifice of lives and property of citizens;

(C) in the diplomatic mission or the country send foreign assistance, the maintenance of international peace missions in the sacrifice;

(D) in the implementation of tasks at the expense of weaponry and equipment research and test;

(E) other sacrifices particularly prominent, for example.

Active military sacrifice, reservists, militia, laborers and others who suffered from war, taking part in military exercises and training, carrying out military duties at the expense of martyrs will be assessed in accordance with the military assessment of the relevant provisions of the pension benefits Ordinance.

Nineth declared martyrs, by the work unit where the deceased and the deceased to organizations or events to the deceased, civil work locations, survivors ' accounts of the deceased is located or the county where the Home Department provides materials about dead sacrificed plot, received by County Civil Affairs Department after investigation and verification of the materials proposed evaluation report of the martyrs, the people's Governments at the corresponding level auditing. Belonging to the eighth article of the Bill first, a second provision, proposed by the people's Governments at the county level evaluation reporting and escalation of the martyrs to the provinces, autonomous regions and municipalities are assessed.

Evaluation as a martyr, sent the people's Governments of provinces, autonomous regions and municipalities directly under the Civil Affairs Department under the State Council for the record.

Belonging to the eighth paragraph III of this Ordinance, the fourth requirement, assessed by the relevant departments under the State Council report of the martyrs, sent the Home Department are assessed.

Belonging to the eighth article of the Ordinance of the circumstances prescribed in the fifth paragraph, proposed by the people's Governments at the county level evaluation reporting and escalation of the martyrs to the provinces, autonomous regions and municipalities, provinces, autonomous regions and municipalities sent the Home Department are assessed after the review.

Martyrs of the tenth certificate by County Civil Affairs Department, where the survivors ' accounts awarded to survivors of the martyrs.
  Chapter III martyrs martyrs praise and earned a survivor's pensions and preferential treatments 11th State system establishment of martyrs praise. Martyrs praise the gold standard for the sacrifices of the martyrs on the annual per capita disposable income of urban residents of 30 times.

War, war sacrifices of martyrs praise gold standard can be increased.

Martyrs praise gold by martyrs of the County Civil Affairs Department that issued the certificate to the parents or dependents, spouse, children do not have parents or dependents, spouse, children, siblings under 18 years of age to the martyrs and has 18 years of age but no source and supported by martyrs living brothers and sisters.

Martyrs of the 12th survivor besides the regulations section 11th praise of martyrs Fund, belonging to the servicemen's pension benefits, as well as the scope of application of the relevant provisions of the Ordinance, also enjoyed one-time died while on duty pensions; under the workers ' compensation insurance Ordinance as well as the scope of application of the relevant provisions, also enjoyed a one-time death grants and survivors of martyrs is equivalent to martyr himself for 40 months pay special grants.

Survivors of martyrs does not fall within the scope prescribed in the preceding paragraph, by County Civil Affairs Department issued a one-time pension standards as a martyr sacrifices last year 20 times times the national per capita disposable income of urban residents and 40 months of Chinese people's Liberation Army platoon level second lieutenant pay.

13th survivors of martyrs in line with one of the following conditions, enjoy regular pension:

(A) the martyr's parents or dependents, spouse, no work and no has a source or income level is below the average standard of living of the local population;

(B) the martyr children under 18 years of age, or have reached the age of 18, but due to a disability or are in school and no source;

(C) by the martyrs died dependant brothers and sisters under the age of 18 years of age, or have reached the age of 18 but not by school sources.

Meet the conditions prescribed in the preceding paragraph to enjoy periodic pensions survivors of martyrs, which account for the location of the County Civil Affairs Department regularly pensions receive a certificate, voucher to receive regular benefits.

Article 14th martyrs martyrs of the spouse remarries before and continue to support their parents, continues to support martyrs is under 18 years of age or has reached the age of 18 but without the ability to work, no source and martyr death of dependent brothers and sisters, by the martyrs of the Hukou County Civil Affairs Department in the light of the standard grant of survivor's pensions on a regular basis. 15th regular pension standards the level of per capita income of urban and rural households to determine.

Pension standards on a regular basis and adjustments prescribed by the civil affairs departments of the State Council in conjunction with the financial sector.

Martyrs after the survivors enjoy regular pension still amounted to less than the average living standards of local residents, the county-level people's Governments shall grant. Survivors of martyrs 16th regular pension account migration, should also apply for regular benefits transfer.

Household to move out of the County Civil Affairs Department issued the year's regular pension; account moved to the County Civil Affairs Department with the pensions transfer to prove on a regular basis, periodic pensions paid from January 2.

17th martyrs survivors didn't enjoy regular pension conditions consistent with this regulation, the periodic pensions receive licence shall be revoked, suspension of regular pensions.

Enjoy regular pension survivor's death to the martyrs, an additional 6 months their enjoyment of regular pensions as funeral subsidy fee and cancellation of their regular pensions receive certificates, suspension of regular pensions.

Article 18th martyr survivors ' access to appropriate health care preferences, specific measures by the people's Governments of provinces, autonomous regions and municipalities. Article 19th children, brothers and sisters of the martyrs himself voluntarily and in accordance with the conditions of recruitment, given priority its active service in the same condition.

Martyrs of the child meets the conditions for civil service examination, under the same conditions preference for civil servants. Martyrs ' children in pre-school and compulsory education shall be given in accordance with the relevant provisions; public kindergarten in pre-school education, taught on bail from charges.

Martyrs ' children to apply for senior high schools and secondary vocational schools, colleges and universities graduate students, under the same conditions preference; apply for colleges and universities, specialist, can reduce the score archives in accordance with the relevant provisions of the State; in public schools, exempt from tuition, fees, and enjoy the educational policies of national provisions. Survivors of the martyrs in accordance with conditions of employment, employment services provided by human resources and social security departments to give priority to local people's Governments. Survivors of the martyrs are already employed, employer of economic retrenchment, and priority should be retained.

Martyr survivors of self-employed, industry and commerce, taxation and other departments should give priority to apply for licenses, survivors of the martyrs during the operating period to enjoy preferential policies at the national and local people's Governments. Martyrs of the 20th in line with housing conditions of survivors to rent low-rent housing, the purchase of affordable housing, relevant departments of the local people's Governments at or above the county level should be given priority, preferential attention.

Survivors of martyrs who lives in rural housing difficulties, the local people's Government to help solve.

Article 21st males reaching the age of 60, women over the age of 55 survivors of the orphans of martyrs himself voluntarily, in the glorious homes, homes for the concentrated.

Martyrs of the various social welfare organizations should give priority to receive survivors.

22nd martyr survivor's crimes were sentenced to imprisonment and deprivation of political rights or persons wanted by the judicial authorities during the suspension of their pensions and benefits; is sentenced to death or to life imprisonment, cancels its martyrs ' survivors ' pension and benefits eligibility.
  Fourth chapter of martyrs Memorial facility protection and management

Article 23rd according to relevant regulations of the State construction of the martyrs cemetery, Memorial Hall, Memorial Pavilion, Memorial Hall, Memorial statues, columbarium of martyrs, martyrs, martyrs Memorial facilities, protected by law. 24th State to commemorate the martyrs of graded protection facilities.

Specific criteria for classification by the Civil Affairs Department under the State Council. National martyrs Memorial facilities, published by the Civil Affairs Department under the State Council reported to the State Council for approval.

Local martyrs Memorial facilities, reported by the local people's Governments at or above the county level departments of Civil Affairs announced the approval of the people's Government of the same level, and Government departments of civil affairs at a higher level for the record.

People's Governments at various levels shall determine the martyrs Memorial facility protection unit, and delineation of the martyrs Memorial facility protection.

25th martyrs Memorial facilities should be open to the public for free.
Martyrs Memorial facility protection unit should be sound management of specifications, maintaining the order of activities to commemorate the martyr, improve management and service level.

26th historical materials of martyrs of the people's Governments at various levels shall organize the collection, collation, codification of martyrs-British list. Martyrs Memorial facility protection unit shall collect, collate, storage, exhibits historical relics of martyrs and deeds.

Belongs to the cultural relics, in accordance with the provisions of relevant laws and regulations to protect. 27th relevant departments of the people's Governments above the county level shall do martyrs Memorial facility protection and management.

Without approval, no building, rebuilding, expansion or relocation of martyrs Memorial facilities. 28th no unit or individual may appropriate the martyrs Memorial facilities within the scope of protection of the land and facilities.

Against at the martyrs Memorial facilities within the scope of protection for other projects.

No unit or individual is allowed to commemorate the martyrs of facilities within the scope of protection for people other than the construction of the Memorial to the martyrs facilities or the imposition of ashes, buried the bodies. 29th at the martyrs Memorial facilities within the scope of protection may not engage in activities not related with the commemoration of the martyrs.

In any way damaged, defiled martyr Memorial facilities. Article 30th martyrs buried in cemetery of revolutionary martyrs.

Not buried in the martyrs, survivors of the martyrs of the people's Governments above the county level shall, with the consent agreed, can be migrated to a martyrs ' burial, or focus for burial.

31st martyrs local government civil affairs departments to survivors of martyrs martyrs ' Tomb sweeping, shall do reception work; the jisao economic difficulties of their own, give appropriate subsidies.

Survivor's account of the martyrs local Government Civil Affairs Department Organization survivors visiting martyrs cemetery of the martyrs tomb sweeping shall make proper arrangements to ensure safety.
  The fifth chapter legal liability

32nd civil servants of administrative organs in martyrs praise and on pensions and preferential treatments in any of the following circumstances shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) the violation assessment or approval of martyrs on pensions and preferential treatments prescribed by this Ordinance;

(B) is not in accordance with the standards, amount, approval or praise the martyrs payment or pensions;

(C) used his position for personal gain.

Article 33rd civil servants of administrative organs, martyr Memorial facility protection unit of embezzlement, misappropriation of martyrs praise funding, by the higher people's Government departments of civil affairs ordered to surrender, the recovery shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

34th article without approved migration martyrs Memorial facilities, illegal occupation martyrs Memorial facilities protection range within of land, and facilities, damage, and defaced martyrs Memorial facilities, or in martyrs Memorial facilities protection range within for martyrs yiwai of other people built Memorial facilities, and placed ashes, and buried remains of, by martyrs Memorial facilities protection units of superior competent sector ordered corrected, recovery undisturbed, and original; caused loss of, law bear compensation responsibility; constitute crime of, law held criminal.

35th units is liable to martyrs of survivor's benefits do not perform the obligation of privilege, the County Civil Affairs Department ordered rectification; it fails from 2000 Yuan and 10,000 yuan fine, belonging to state-owned or State-controlled enterprises to funding institutions, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions.

Article 36th impersonator martyrs praise gold, pensions, issuing false certificates or forged documents, stamps obtain martyrs praise gold or pension, by the Home Department to order the return of illicitly acquired constitutes a crime, criminal responsibility shall be investigated according to law.
  The sixth chapter supplementary articles

37th article of the Ordinance mentioned in time of war, refers to the country declared a State of war, troops take delivery of the combat mission when or if the enemy surprise attack.

Evaluation of the 38th army martyrs, by the Chinese people's Liberation Army General political department sent Civil Affairs Department under the State Council for the record.

39th certificate and notice of martyrs published by the Home Department of the State Council.

40th at Chinese martyrs Memorial outside facilities protection, handled by the Civil Affairs Department in collaboration with the Ministry of Foreign Affairs and other relevant departments under the State Council. 41st article of the regulations come into force on August 1, 2011. Martyrs praise Ordinance promulgated by the State Council on June 4, 1980 abolished at the same time.