People's Procuratorate of Linyi, Shandong
Indictment
Linyi First Criminal Prosecution (2021) No. Z43
Defendant Xu Zhiyong (who previously used the name Xu Zhiyong), male, born on [OBSCURED IN ORIGINAL] 1973, citizen ID number [OBSCURED IN ORIGINAL], Han ethnicity, graduate student education, lecturer at Beijing University of Posts and Telecommunications, currently unemployed, household registration [OBSCURED IN ORIGINAL] ], residing in [OBSCURED IN ORIGINAL], Changping District, Beijing. On January 26, 2014 he was sentenced to a fixed term imprisonment of four years by the First Intermediate People’s Court of Beijing for gathering crowds to disrupt public venue order. He was released after completion of his sentence on July 15, 2017. On February 15, 2020, he was taken into criminal detention by the Public Security Bureau of Haidian, Beijing on suspicion of committing the crime of inciting subversion of state power, and transferred to residential confinement at a designated location the following day. On May 7, 2020, in accordance with the law the Public Security Bureau of Haidian, Beijing transferred this case to the Public Security Bureau of Yantai, Shandong. On the same day, he was placed under residential surveillance at a designated residence by the Public Security Bureau of Yantai. On June 19, 2020, his arrest was approved by this Court, and the arrest was carried out by the Public Security Bureau of Linyi on the same day.
On January 19, 2021 the investigation was closed by the Public Security Bureau of Linyi, defendant Xu Zhiyong was suspected of subverting state power, and the case was transferred to this Court for prosecution. After this Court docketed the case on January 21, 2021, it informed the defendant of his right to entrust defense counsel and the legal provisions relevant to pleading guilty and accepting punishment, and in accordance with the law interrogated the defendant, heard the opinions of defense counsel, and reviewed all case materials. This Court returned the case to the investigating agency for supplementary investigation on March 6 and May 21, 2021 respectively. The investigating agency completed its supplementary investigation on April 6 and June 21, 2021, respectively, and transferred the case for prosecution. This Court has extended the pre-prosecution examination period by 15 days on February 19, May 6, and July 21, 2021 respectively.
Upon review in accordance with the law it was found that:
From 2012 to 2013, out of dissatisfaction with our country's socialist system and the ruling status of the Communist Party of China, defendant Xu Zhiyong, together with Ding Jiaxi (handled in another case) and others, established and developed the "New Citizens Movement" illegal organization and engaged in criminal activities. In 2017, after Xu Zhiyong was released following the completion of his sentence for gathering crowds to disrupt public venue order he did, with the purpose of overthrowing our country's current political system, collaborate with Ding Jiaxi to recruit Wang Jiangsong, Zhang Zhongshun, Dai Zhenya, Chang Weiping (each handled separately) as key members to establish the "Citizens Movement" illegal organization with Xu Zhiyong and Ding Jiaxi as organizers and leaders, write and spread a large number of inciting articles, shoot illegal videos called "Politicians," carry out "non-violent" color revolution training, build and operate the "Chinese Citizens Movement Network" and Xu Zhiyong's personal blog and other websites, repeatedly hold secret meetings of the "Citizens Movement" illegal organization in Yantai and Xiamen, and organize, plan, and carry out criminal activities of subversion of state power and the overthrow the socialist order, which severely jeopardized national security and social stability. The specific facts are as follows:
1. From 2012 to 2013, defendant Xu Zhiyong, together with Ding Jiaxi and others, organized "citizen dinner" and "cocktail party" activities in Beijing, Xuzhou, Wuhan and other cities through communication software to develop members of the "New Citizens Movement" illegal organization.
In 2017, after defendant Xu Zhiyong was released from prison, he and Ding Jiaxi continued to collude with Wang Jiangsong, Liu Jiacai and members of the "New Citizens Movement" illegal organization, and went to Yantai, Xiamen and other cities to join forces with Zhang Zhongshun, Dai Zhenya and others, rename the "New Citizens Movement" to the "Citizens Movement," establish the "Citizens Movement" illegal organization, and organize, plan, and implement a series of criminal activities to subvert state power.
2. Since 2012, defendant Xu Zhiyong wrote and spread a large number of inciting articles such as "The People's Country," "Citizen Initiative: Campaign for 2021," "Non-Violence," and "Glorious China," which attacked and denigrated our country's political system, advocated ideology that subverted state power ideas, engaged in demagoguing, incited others to oppose the socialist system, proposed the establishment of "political opposition" and the achievement of a so-called "constitutional transformation," and other political goals.
In 2017, after defendant Xu Zhiyong was released from prison, he jointly operated the website "China Citizens Movement Network" with Ding Jiaxi and foreign organization member Hua Ze, added new columns to the website, appointed website reporters and editors, and raised website operating funds. The website spread a large number of inciting articles written by Xu Zhiyong that advocated an ideology that subverted state power.
In September 2019, defendant Xu Zhiyong instructed his girlfriend Li Qiaochu (handled in a separate case) to set up Xu Zhiyong's personal blog, and arranged for Li Qiaochu to spread on the blog a large number of inciting articles written by Xu Zhiyong that advocated an ideology that subverted state power.
3. In 2018, defendants Xu Zhiyong and Ding Jiaxi established a Telegram group for the "Citizens Movement" illegal organization. Ding Jiaxi and foreign organization member Wu Ming successively served as group leaders for the illegal organization platform for subversive activities. Wang Jiangsong, Zhang Zhongshun, Dai Zhenya, Hua Ze and more than 20 key members used the group to communicate and conduct exchanges. Xu Zhiyong and Ding Jiaxi also organized key members to use Zoom software to hold illegal online meetings and trainings, and plan activities to subvert state power.
From 2018 to 2019, defendants Xu Zhiyong and Ding Jiaxi instigated Hua Ze to use Zoom software to regularly conduct "non-violent" color revolution training for members of the "Citizens Movement" illegal organization, allowing members of the organization to master the methods of "non-violent" color revolution and subversion of state power.
4. From March to May 2019, defendant Xu Zhiyong, together with Chen Yong (alias Chen Jiaping, handled in a separate case) and others, filmed the illegal video "Politician." Xu Zhiyong used his prison experience, "education equality" and other topics to attack our country's judicial, education, petitioning and other systems, denigrate our country's political system, and advocate ideologies that subverted state power.
5. From September 22 to 23, 2018, defendant Xu Zhiyong, together with Ding Jiaxi, organized 13 people including Zhang Zhongshun, Chang Ping, Wang Jiangsong, and Wu Ming to hold a secret meeting at Zhang Zhongshun’s villa at the Yinhe Yihai Tianyuewan Community, High-tech Zone, Yantai, Shandong to organize and plan activities to subvert state power activities, summarize the experience and lessons of the subversive activities of the previous "New Citizens Movement" and "Citizens Movement," analyze the current problems faced by the "Citizens Movement," require organization members to penetrate into grassroots communities and adopt "non-violent" color revolutions in order to subvert state power.
6. From December 7 to 8, 2019, defendant Xu Zhiyong, together with Ding Jiaxi, organized 20 people including Zhang Zhongshun, Dai Zhenya, Wang Jiangsong, to hold a secret meeting at the Naisi Home Party Villa, Mohe Xiaoyuan, Jimei District, Xiamen, Fujian. Wu Ming and Liu Shu participated in the meeting online. Xu Zhiyong and Ding Jiaxi summarized the activities of the "Citizen Movement" illegal organization in 2019 and proposed an activity plan for 2020. At the meeting, they planned for organizational development, confrontation with the government, fund raising, social transformation and other issues, and clearly defined ways and methods to subvert state power. The goal was to penetrate communities, control grassroots political power through "non-violent" color revolutions, develop so-called "civil society" and a "national citizen community," and ultimately subvert state power.
The evidence determining the aforementioned facts is as follows:
1. Physical evidence: laptops and USB flash drives;
2. Documentary evidence: articles such as "The People's Country," "Citizen Initiative: Campaign for 2021," "Non-Violence," "Glorious China," the case registration form, and the criminal judgment form;
3. Witness testimony: testimony of witness Wang Jiangsong, Zhang Zhongshun and others;
4. Defense statements and justifications: the defense statements and justifications of defendant Xu Zhiyong;
5. Forensic opinion: a judicial forensic opinion report;
6. Crime scene investigation and inspection and identification transcripts: remote crime scene investigation records, investigation records, and identification records;
7. Audio-visual materials: surveillance videos.
This office finds that defendant Xu Zhiyong organized, planned, and carried out subversion of state power and the overthrow of the socialist order, and his actions were the commission of an offense under Article 105(1) of the "Criminal Law of the People's Republic of China." It is stipulated that if the criminal facts are clear and the evidence is reliable and copious, he should bear criminal liability for the crime of subversion of state power. Defendant Xu Zhiyong is a recidivist and should be punished pursuant to the provisions of Article 65(1) of the "Criminal Procedure Law of the People's Republic of China.” In accordance with the provisions of Article 176 of the "Criminal Procedure Law of the People's Republic of China," a public prosecution has been filed, and it is requested that sentence be passed in accordance with the law.
Respectfully Submitted
Intermediate People's Court of Linyi, Shandong
Prosecutors Tan Changzhi
Li Tao
Huang Zheng
August 5, 2021
Assistant Prosecuting Officer Li Mengli
山东省临沂市人民检察院
起诉书
临检一部刑诉[2021]Z43号
被告人许志永(曾用名许志勇),男,1973年[OBSCURED IN ORIGINAL]出生,公民身份号码[OBSCURED IN ORIGINAL],汉族,研究生文化,北京邮电大学讲师,现无业,户籍地[OBSCURED IN ORIGINAL],住北京市昌平区[OBSCURED IN ORIGINAL]。因犯聚众扰乱公共场所秩序罪,于2014年1月26日被北京市第一中级人民法院判处有期徒刑四年,2017年7月15日刑满释放。因涉嫌煽动颠覆国家政权罪,于2020年2月15日被北京市公安局海淀分局刑事拘留,次日变更为指定居所监视居住,2020年5月7日因本案由北京市公安局海淀分局依法移送山东省烟台市公安局办理,同日被烟台市公安局指定居所监视居住,2020年6月19日经本院批准逮捕,同日由临沂市公安局执行逮捕。
本案由临沂市公安局侦查终结,以被告人许志永涉嫌颠覆国家政权罪,于2021年1月19日向本院移送起诉。本院受理后,于2021年1月21日告知被告人有权委托辩护人及认罪认罚的相关法律规定,依法讯问了被告人,听取了辩护人的意见,审查了全部案件材料。本院分别于2021年3月6日、5月21日将案件退回侦查机关补充侦查,侦查机关分别于2021年4月6日、6月21日补充侦查完毕移送起诉。本院分别于2021年2月19日、5月6日、7月21日各延长审查起诉期限15日。
经依法审查查明:
2012年至2013年,被告人许志永出于对我国社会主义制度和中国共产党执政地位不满,伙同丁家喜(另案处理)等人成立、发展“新公民运动”非法组织,实施犯罪活动。2017年,许志永因犯聚众扰乱公共场所秩序罪刑满释放后,以推翻我国现行政治制度为目的,伙同丁家喜吸纳王江松、张忠顺、戴振亚、常玮平(均另案处理)等人为骨干成员,成立以许志永、丁家喜为组织者、领导者的“公民运动”非法组织,撰写、传播大量煽动性文章;拍摄名为“政治家”的非法影片;开展“非暴力”颜色革命培训;搭建、运营“中国公民运动网”、许志永个人博客等网站;先后在烟台、厦门召开“公民运动”非法组织秘密会议,组织、策划、实施颠覆国家政权,推翻社会主义制度的犯罪活动,严重危害国家安全和社会稳定。具体事实如下:
1.2012年至2013年,被告人许志永伙同丁家喜等人通过通讯软件,在北京、徐州、武汉等城市组织“公民聚餐”“同城饭醉”活动,发展“新公民运动”非法组织成员。
2017年,被告人许志永出狱后,伙同丁家喜继续与“新公民运动”非法组织成员王江松、刘家财等人勾连,到烟台、厦门等城市与张忠顺、戴振亚等人串联,将“新公民运动”改名为“公民运动”,成立“公民运动”非法组织,组织、策划、实施一系列颠覆国家政权的犯罪活动。
2.2012年以来,被告人许志永撰写、传播《人民的国家》《公民倡议:竞选2021》《非暴力》《美好中国》等大量煽动性文章,攻击、诋毁我国政治制度,宣扬颠覆国家政权思想,蛊惑、煽动他人反对社会主义制度,提出建立“政治反对派”、实现所谓“宪政转型”等政治目标。
2017年,被告人许志永出狱后,伙同丁家喜、境外组织成员华泽共同运营网站“中国公民运动网”,增设网站新栏目、选任网站报道员和编辑、筹集网站运营经费,传播许志永撰写的大量煽动性文章,宣扬颠覆国家政权思想。
2019年9月,被告人许志永指使其女友李翘楚(另案处理)搭建许志永个人博客,并安排李翘楚在该博客上传播许志永撰写的大量煽动性文章,宣扬颠覆国家政权思想。
3.2018年,被告人许志永伙同丁家喜建立“公民运动”非法组织的Telegram群组,作为颠覆活动的非法组织平台,丁家喜、境外组织成员吴明先后担任群主,王江松、张忠顺、戴振亚、华泽等20余名骨干成员使用该群组进行联络、交流;许志永、丁家喜还组织骨干成员使用Zoom软件召开线上非法会议和培训,策划颠覆国家政权活动。
2018年至2019年,被告人许志永伙同丁家喜指使华泽使用Zoom软件,定期为“公民运动”非法组织成员开展“非暴力”颜色革命培训,让组织成员掌握“非暴力”颜色革命的方式,颠覆国家政权。
4.2019年3月至5月,被告人许志永伙同陈勇(别名陈家坪,另案处理)等人拍摄非法影片“政治家”,许志永以自己监狱服刑经历、“教育平权”等话题,攻击我国司法、教育、信访等制度,诋毁我国政治制度,宣扬颠覆国家政权思想。
5.2018年9月22日至23日,被告人许志永伙同丁家喜组织张忠顺、常平、王江松、吴明等13人,在山东省烟台市高新区银和怡海天越湾小区张忠顺的别墅内召开秘密会议,组织、策划颠覆国家政权活动,总结前期“新公民运动”“公民运动”颠覆活动的经验教训,分析目前“公民运动”面临的问题,要求组织成员向基层社区渗透,采取“非暴力”颜色革命的方式,颠覆国家政权。
6.2019年12月7日至8日,被告人许志永伙同丁家喜组织张忠顺、戴振亚、王江松等20人,在福建省厦门市集美区奈斯轰趴别墅、墨和小院召开秘密会议,吴明、刘书通过网络参会。许志永、丁家喜总结2019年“公民运动”非法组织的活动情况,提出2020年的活动计划,会上针对组织发展、对抗政府、经费筹集、社会转型等议题进行策划,明确颠覆国家政权的方式、方法和目标,即通过“非暴力”颜色革命渗透社区、把持基层政权,发展所谓的“公民社群”“全国公民共同体”,最终颠覆国家政权。
认定上述事实的证据如下:
1.物证:笔记本电脑、U盘等;2.书证:《人民的国家》《公民倡议:竞选2021》《非暴力》《美好中国》等文章,受案登记表、刑事判决书等;3.证人证言:证人王江松、张忠顺等人的证言;4.被告人供述和辩解:被告人许志永的供述和辩解;5.鉴定意见:司法鉴定意见书等;6.勘验、检查、辨认笔录:远程勘验笔录、检查笔录、辨认笔录等;7.视听资料:监控视频等。
本院认为,被告人许志永组织、策划、实施颠覆国家政权、推翻社会主义制度,其行为触犯了《中华人民共和国刑法》第一百零五条第一款之规定,犯罪事实清楚,证据确实、充分,应当以颠覆国家政权罪追究其刑事责任。被告人许志永系累犯,应依照《中华人民共和国刑事诉讼法》第六十五条第一款之规定处罚。根据《中华人民共和国刑事诉讼法》第一百七十六条的规定,提起公诉,请依法判处。
此致
山东省临沂市中级人民法院
检察官 谭长志
李涛
黄政
2021年8月5日
检察官助 理孟丽
