NOTE: This post was published on December 6, 2020, but this post is dated the date the court judgment was issued in order to prevent confusion.
Intermediate People's Court of Suqian, Jiangsu
(2009) Su Intermediate Criminal Second First Instance No. 00021
The public prosecution agency was the People's Procuratorate of Suqian, Jiangsu.
Defendant Guo Quan, Male, born [INTENTIONALLY DELETED], 1968 in Nanjing, Jiangsu, ID number [INTENTIONALLY DELETED], Han, post-graduate education, formerly a member of the information staff at the information office of the College of Liberal Arts of Nanjing Normal University, residing at [INTENTIONALLY DELETED], Drum Tower District, Nanjing. On November 13, 2008, he was taken into criminal detention on suspicion of committing the crime of subversion of state power, and he was arrested on December 19 of that year. He is currently being held in custody at the Nanjing Detention Center.
Defense counsel Si Weijiang is a lawyer at the Shanghai Dabang Law Firm.
Defense counsel Guo Lianhui is a lawyer at the Jiangxi Ming Li Law Firm.
The People's Procuratorate of Suqian, Jiangsu charged defendant Guo Quan with committing the crime of subversion of state power in the Suqian Criminal Indictment (2009) No. 17 indictment, and filed a public prosecution with this Court on June 8, 2009. In accordance with the High People's Court of Jiangsu's decision on the designation of jurisdiction, on June 10 this Court established the case, formed a collegial panel in accordance with the law, and publicly tried this case on August 7. The People's Procuratorate of Suqian, Jiangsu assigned Procurator Xia Wei, and acting Procurators Liu Zhaodong and Zhao Jing to appear in court in support of the public prosecution. Defendant Guo Quan and his defense counsels Si Weijiang and Guo Lianhui appeared in court to participate in the proceedings. During the trial, this Court applied to the High People's Court of Jiangsu to extend the trial period for one month, after hearing recommendations for an extension submitted by the public prosecution agency. In accordance with the law this Court decided to delay the trial, and resumed the trial on September 16, 2009. The trial has now concluded.
The People's Procuratorate of Suqian, Jiangsu charged that in order to subvert state power and overthrow the socialist system, in the second half of 2007 to November 2008, on several occasions defendant Guo Quan wrote and disseminated through the Internet a series of articles titled "Democracy Herald," used the Internet to publish a "Party Constitution of the China New Democracy Party (and Guiding Policy Principles)," "Party Framework of the China New Democracy Party (CNDP)," illegally organized the "China New Democracy Party," and took the position of the so-called "Acting Chairman" and developed the Party organization and members of the "China New Democracy Party." He used the Internet to plan activities including a "Democratic Revolutionary Blue Movement" and a "Seven Day Stay-At-Home Revolution." He instigated the overthrow of the socialist system under the guise of helping certain collective "rights defenders."
In order to substantiate the facts in the aforementioned charges, the People's Procuratorate of Suqian, Jiangsu questioned defendant Guo Quan in court, produced relevant physical and documentary evidence, read out testimony of witnesses who did not appear in court, and examined in court the investigation notes and defendant Guo Quan's repeated statements made at the investigating agency's office, and other evidence. They maintain that defendant Guo Quan's actions violated the provisions of Article 105(1) of the "Criminal Law of the People's Republic of China," constitute the crime of subversion of state power, and request that this Court pass sentence in accordance with law.
Defendant Guo Quan did not contest the facts charged by the public prosecution agency that on several occasions he used the Internet to disseminate a series of articles titled "Democracy Herald," distributed the "Constitution China New Democracy Party" and "Party Framework of the China New Democracy Party," established the "China New Democracy Party," and considered himself the so-called "Acting Chairman." He argued, however, that he lacked the subjective intent and objective behavior to subvert the national regime and overthrow the socialist system, that establishing a "China New Democracy Party" online is an exercise of the constitutional right to freedom of association, that the "Democracy Herald" series of articles do not include content that subverts the national regime and overthrows the socialist system, that the articles relating to the "One Week Stay-at-Home Revolution" and the "Democratic Revolutionary Blue Movement" did not have written expressions about overthrowing the socialist system, and that he told the "rights defenders" the harm to their collective interests had been caused by system's structure, and that this did not overthrow the socialist system, and therefore does not constitute a crime.
Defendant Guo Quan's defense counsels claimed that Guo Quan lacked the subjective intent and objective behavior to subvert state power and overthrow the socialist system, that his use of the Internet to publicly distribute the "Constitution of the China New Democracy Party" and the "Party Framework of the China New Democracy Party" was not illegal, that his actions were within the boundaries of freedom of speech and freedom of association, that the "Seven Day Stay-At-Home Revolution" and the "Democratic Revolutionary Blue Movement" merely propagandized democratic ideals and were not socially harmful, that there is no evidence proving instigated the overthrow the socialist system under the guise of rights defense, and that defendant Guo Quan has not committed a crime.
It was ascertained at trial that in the second half of 2007 to November 2008, defendant Guo Quan did on several occasions write and disseminate through the Internet a series of articles titled "Democracy Herald," defamed China's current socialist system, attacked China's political system as "a one party dictatorial regime," and threatened to "end the existing authoritarian regime." used the Internet to publish a "Party Constitution of the China New Democracy Party (and Guiding Policy Principles)," "Party Framework of the China New Democracy Party (CNDP)," illegally organized the "China New Democracy Party," and furthermore took the position of the so-called "Acting Chairman" and developed the party organization and members of the "China New Democracy Party." and actively developed Liu Chenggong, Mu Hao, Yang Shizhen, and other "New Democracy Party" members. He appointed Kong Qiang, Wang Xiqiang, and others to serve as Party heads in Shandong, Zhejiang, and other places. He called for "China New Democracy Party" Party members to donate "special Party fees" to fund "The Four Cardinal Points Rights Defense Work Office." He used the Internet to plan a "One Week Stay at Home Revolution," a "Democratic Revolutionary Blue Movement," and other activities, calling for "all citizens to stay at home, not collaboration with the dictators, not act in services of dictators, prepare seven days worth of food and water, and wait for the advent of a democratic China." He did all this in an attempt to subvert state power and overthrow the socialist system; instigating the overthrow of the socialist system in the name of helping certain groups "defend their rights."
The aforementioned facts have been substantiated through cross examination of evidence in hearings, and are hereby confirmed by this Court.
1. Documentary evidence, several articles that have been confirmed and acknowledged through the signature of defendant Guo Quan including: "Democracy Herald 88: Party Constitution of the China New Democracy Party (and Guiding Policy Principles)," "Democracy Herald 200: Party Framework of the China New Democracy Party (CNDP)," "Democracy Herald 67: Whoever Believes that China's Society is a Socialist Society Can Go to Hell," "Democracy Herald 129: When Lenin and Huntington Meet in China, That is When the Chinese Communist Dictatorship will be About to End," and "Democracy Herald 287: China New Democracy Party Please Pay Special Membership Dues for the 'Wandering Rights Defense Office.'"
2. Testimony of witnesses Liu Chenggong, Mu Hao, Yang Shizhen, Pang Ben, Guo Jian, Li Wenbin, Ye Jun, Zhang Yongfeng, Wu Yongjian, Chen Xudong, Qian Feng, Kong Qiang, Wang Xiqiang, Lin Nianqin, and Xu Xuefeng, confirmed defendant Guo Quan sent them the "Democracy Herald." In addition, Li Chenggong confirmed that, upon inquiry, Guo Quan replied that he was himself a "New China Democracy Party" member, and had established online the "China New Democracy Forum" (Google Group) and the "Democracy Herald Group," and had published the "Democracy Herald" articles in the name of the "New Democracy Party Propaganda Department." Mu Hao confirmed that, after joining the "New Democracy Party," he founded the "Voice of China" magazine, wrote the "China New Democracy Party Party Song," and wrote articles such as "Election for National Salvation," and "Discussions On the Federated States of Greater China's Constitutional Referendum." In addition, he sent the aforementioned articles to Guo Quan, received Guo Quan's approval, and went on to propagandize the "New Democracy Party" to many people. Yang Shizhen confirmed that Guo Quan asked him to be the person responsible for the "New Democracy Party" in the Linyi region, and to take responsibility for propagandizing and developing the "New Democracy Party," and that at one point he disseminated the "New Democracy Party" program and introduced good friends to join the Party, but did not complete this task. Pang Ben and Guo Jian confirmed that due to their acknowledgment of the "New Democracy Party" Constitution, they believe themselves to be "New Democracy Party" members, and conducted their relationship with Guo Quan in their capacity as members of the "New Democracy Party." Guo Jian asked Guo Quan whether he could take responsibility for the Shanxi local party committee of the "New Democracy Party," and received Guo Quan's acknowledgment. Li Wenbin confirmed that at one time Guo Quan wrote to him asking him to establish a "New Democracy Party" Tatung Division, and Guo Quan encouraged him to develop the "New Democracy Party's" grass-roots organizations and Party members. Ye Haijun, Zhang Yongfeng, Wu Yongjian and others confirmed that they got into contact with Guo Quan through the Internet and the telephone and received replies from him, and that they believed themselves to be members of the "New Democracy Party." Kong Qiang, Wang Xiqiang, and Lin Nianjin confirmed that Guo Quan proposed they act respectively as the "New Democracy Party" Shandong and Zhejiang Party Chairmen and as the "Party School" director and develop Party membership and cultivate "New Democracy Party" cadres. Xu Xuefeng confirmed Guo Quan wanted him to be the so-called "second echelon," and have him and Guo Quan run against one another for presidency.
3. The testimony of witnesses Hu Zhengyu, Gong Lei and Wang Kang confirmed Mou Hao regularly propagandized the "China New Democracy Party" Party Constitution to them.
4. The testimony of Lan Hongbo, Yang Yong, Li Jing, and other witnesses confirmed they used QQ and other networking tools to access and read the "Democracy Herald" series of articles written and disseminated by Guo Quan.
5. The testimony of Xu Xiangqian, Liu Chenggong, Zhang Shuifeng and other witnesses separately confirmed that they used articles calling for "New Democracy Party" Party members to provide financial assistance to Xu Xiangqian's "Wandering Rights Defense Workshop" under the guise of paying Party membership dues. Xu Xiangqiang estimated he received 3,500 yuan and a computer from Guo Quan, and that Liu Chenggong, Zhang Yongfeng and others responded to Guo Quan's call and proactively paid "special Party membership dues."
6. The testimony of Ye Haijun, Mu Hao, Kong Mingming and other witnesses confirmed that they had read Guo Quan's articles about the "One Week Stay-at-Home Revolution" and the "Democratic Revolutionary Blue Movement" and that they believed Guo Quan was calling on people to launch a "One Week Stay-at-Home Revolution" and other movements and that the intent was to have workers strike, students skip class, and businessmen stay home from work.
7. The testimony of Kong Guangyou, Chen Bing, Kong Mingming, Liu Fajin, and other witnesses confirmed they used the telephone and Internet to respond to Guo Quan about demobilized cadres, corporate employment, and other problems, and that Guo Quan said that their situation is a result of the current system, and advocated that the only way to solve these problems was to carry out democratic revolution.
8. Physical evidence including a "Shenzhou" brand laptop computer, a "BenQ" brand laptop computer, three black PC compatible desktop machines, one "Shinco" brand portable USB hard drive, two mobile phones, two search records from the public security agency, work records from the examination of electronic evidence, photographic records from inquest investigations, and a list of recovered electronic evidence. These confirmed that public security agencies conducted a search of Guo Quan's residence at [INTENTIONALLY DELETED], Drum Tower District, Nanjing and seized Guo Quan's aforementioned materials, and through an inspection discovered a large quantity of "Democracy Herald" text documents on the computers and the USB portable hard drive, and records that defendant Guo Quan used QQ, MSN, and SKYPE instant messaging software accounts to send the "Democracy Herald" articles to others, and this was recognized and confirmed by Guo Quan.
9. Remote evidence collection work records produced by the public security agencies confirmed that "Democracy Herald 47: China must Quickly Implement a Multi-Party Election Democratic Institutions, Otherwise a Popular Uprising Will Sweep Away Authoritarian Rule" and other articles from the "Democracy Herald" series written by Guo Quan were publicly distributed on the "Epoch Times," "Boxun," "Sound of Hope," and "Radio Free Asia" websites.
10. Electronic evidence inspection work records, electronic data collection reports, judicial appraisals, identification transcripts, identification photos, and evidence collection notices made by public security organs confirmed that when the electronic evidence inspection of the computers of of Yang Shizhen, Liu Chenggong, Xu Qianqian, Mou Hao, and Chen Xudong was conducted a saved article called "Democracy Herald" was found.
11. The remote forensic work records produced by the public security agency and the screenshots of the websites confirmed by Liu Chenggong confirmed that Mou Hao sent Guo Quan emails such as "China New Democracy Party's Party Song" and "On the Constitutional Referendum of the Federal Republic of Greater China" and they were received and opened by Guo Quan, and a large number of "Democracy Herald" articles were found in Liu Chenggong's mailbox and he published the "Democracy Herald" articles on overseas websites using user names such as "Success" and "China New Democracy Party."
12. The online chat records of defendant Guo Quan and Liu Chenggong, Xu Xuefeng, Yang Shizhen, Wang Xiqiang, and others collected by the public security agencies confirmed the facts that Guo Quan sent the article "Democracy Herald" and asked Yang Shizhen to serve as "acting chairman" of theShandong Linyi Party Branch of the "New Democracy Party," and proposed having Xu Xuefeng run with him for election for the president as a so-called "second echelon."
13. The mobile phone SMS records of defendant Guo Quan and Mou Hao, Pang Ben, and Guo Jian collected by the public security agencies confirmed the facts that Mou Hao and Guo Jian reported to Guo Quan to establish the so-called "China New Democracy Party Greater China Federal Constitutional Committee" and the "Shanxi Party Department," and that Guo Quan clearly requested party member Pang Ben to not join the Communist Party in his personal capacity.
14. The bank card transaction details and remittance records of Xu Qiangqian, Liu Chenggong, Zhang Yongfeng, and Chen Yao collected by public security agencies in accordance with the law confirmed the fact that Liu Chenggong, Zhang Yongfeng, and Chen Yao remitted 100, 500, and 1,000 yuan to Xu Qianqian, respectively.
15. The Public Security Bureau of Nanjing's public security administrative punishment decision letter and punishment notification transcript confirmed that defendant Guo Quan was held for 10 days in administrative detention starting May 18, 2008 for using the "5.12" Wenchuan earthquake to assemble dozens of fictitious experts on the Internet on May 13, 2008 in a "China New Democracy Party Disaster Relief Committee" to spread rumors and disturb public order.
16. The "Supplementary Letter of Investigation on Guo Quan's Suspected Subversion of State Power" issued by the Nanjing Public Security Bureau confirmed that during the supplementary investigation of this case, the Public Security Bureau of Suqian entrusted the Public Security Bureau of Nanjing to conduct investigations.
17. The explanations of matters such as the case resolution process and detention process submitted by the public security agencies proved that defendant Guo Quan was arrested and brought to justice.
18. Guo Quan's household registration information and the "Proof of Guo Quan's Employment Status" issued by the Personnel Office of Nanjing Normal University confirmed that Guo Quan was born on [INTENTIONALLY DELETED], 1968, and before the incident he worked in the position of a data clerk in the reference room of the School of Liberal Arts, Nanjing Normal University.
19. Defendant Guo Quan's statement at the investigation stage confirmed that since the second half of 2007, he used the Internet to establish the Chinese New Democracy Party with the aim of opposing the "Communist dictatorship" and actively developed Party organizations and members, and published a large number of "Democracy Herald" series through the Internet, and planned activities such as the "Seven Day Stay-at-Home Revolution" and the "Republican Revolutionary Blue Movement," and used his own accounts on QQ, MSN, SKYPE, and other instant messaging software on the Internet to instill in certain "rights protection" groups the idea that "the dictatorship of the Communist Party" was the root cause of their current situation and their own.
This Court finds that defendant Guo Quan illegally formed the "China New Democracy Party" through the Internet, and published a large number of reactionary articles through the Internet, developed Party members, planned a "Seven Day Stay-at-Home Revolution," "Republican Revolutionary Blue Movement" and other activities, and organized, planned, and carried out subversion of state power and the overthrow of the socialist system, and his actions constitute the crime of subversion of state power, the crime is serious, and should be punished in accordance with the law. With respect to the People 's Procuratorate of Suqian, Jiangsu's charge that defendant Guo Quan of committed the crime of subversion of state power, the facts are clear, the evidence is reliable and copious, and the offense is correct.
The defense justifications and defense opinions of defendant Guo Quan and his defense counsels claim that Guo Quan lacked the subjective intent and objective behavior to subvert the national regime. An investigation has determined that the fact that defendant Guo Quan organized, planned, and implemented the actions to subvert the national regime and overthrow the socialist system is supported by physical evidence, documentary evidence, witness testimony, transcripts of investigation and inspection, and Guo Quan's multiple statements during the investigation stage, and the sources of evidence are legal, mutually corroborate each other, and are sufficient to reach a determination.
With respect to Guo Quan's defense justifications and the defense justifications and defense opinions proffered by his defense counsels that Guo Quan's forming a political party and publishing articles online was a lawful exercise of the rights of freedom of association and freedom of speech granted under the Constitution, and that his actions do not constitute a crime, an investigation has shown that, while freedom of association and freedom of speech are political rights provided to China's citizens by the Constitution, the Constitution also clearly provides that when exercising these rights citizens may not jeopardize the nation's interests or its security. Defendant Guo Quan used methods such as the illegal formation of a "New People's Party of China," the publication of a Party Constitution, the recruitment of Party members, and the planning of the "Seven Day Stay-at-Home Revolution" to subvert state power and overthrow the socialist system, which endangered national security, and his actions meet the requirements to constitute the crime of subversion of state power. Therefore, defendant Guo Quan's defense justifications and his defense counsel's defense opinions are not accepted by this Court. Therefore, in accordance with the provisions of Articles 105(1), 55(1), 56(1), and 64 of the "Criminal Law of the People's Republic of China," the judgment is as follows:
1. Defendant Guo Quan committed the crime of subversion of state power, and is sentenced to a fixed term imprisonment of 10 years and 3 years deprivation of political rights. (The prison term is to be calculated starting on the day the judgment is executed, and each day in custody prior to the execution of the judgment shall count as one day of the prison term, that is from November 13, 2008 and expiring on November 12, 2018.)
2. Computers, USB sticks, etc. used in the crime and seized are confiscated.
If any party does not accept this judgment, they may within 10 days after the second day after receiving this written judgment bring an appeal through this Court or directly to the High People's Court of Jiangsu. A written appeal should be submitted with one original and two copies of the appeal brief.
Chief Adjudicator: Liu Zhi
Adjudicator: Zhong Jia
Adjudicator: Yang Haifeng
October 16, 2009
Clerk: Dai Jianjun
被告人郭泉，男，1968年[INTENTIONALLY DELETED]出生于江苏省南京市，身份证号[INTENTIONALLY DELETED]，汉族，研究生文化，原系南京师范大学文学院资料室资料员，住南京市鼓楼区[INTENTIONALLY DELETED]。因涉嫌犯颠覆国家政权罪于2008年11月13日被刑事拘留，同年12月19日被逮捕。现羁押于南京市看守所。