Friday, January 29, 2016

Translation: State v. Tang Jingling, Yuan Chaoyang, Wang Qingying Incitement of Subversion Judgment

Translator's Summary: The court found Tang, Yuan, and Wang guilty on the grounds that they "compiled, printed, and disseminated a series of 'Non-Cooperation Movement' books and other propaganda pamphlets" with titles such as "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," "Self Liberation: A Guide to Strategic Planning for Action to End a Dictatorship or Other Oppression," and "Strategic Nonviolent Conflict: Thinking about the Fundamentals."

Intermediate People's Court of Guangzhou, Guangdong

Criminal Judgment

(2015) Sui Intermediate Criminal First No. 167

The public prosecution agency was the People's Procuratorate of Guangzhou.

Defendant Tang Jingling, male, born October 28, 1971, ID No. [INTENTIONALLY DELETED IN THIS CASEBOOK], Han ethnicity, from Jiangling County, Hubei, college education, household registration [INTENTIONALLY DELETED IN THIS CASEBOOK], Longhu District, Shantou City, Guangdong. On April 30, 2014, was taken into custody in connection with this case. On May 16 of the same year he was taken into criminal detention, and on June 20 he was arrested. He is currently being held in detention at the Guangzhou No. 1 Detention Center.

Defense counsel Ge Yongxi is a lawyer at the Guangdong Anguo Law Firm.
Defense counsel Yan Xin is a lawyer at the Beijing Laishuo Law Firm.

Defendant Yuan Chaoyang, pen name "Yuan Xinting," male, born May 6, 1971, ID No. [INTENTIONALLY DELETED IN THIS CASEBOOK], Han ethnicity, from Suining, Sichuan, college education, household registration [INTENTIONALLY DELETED IN THIS CASEBOOK], Moxi Town, Anju District, Suining, Sichuan. On May 16, 2014 he was taken into criminal detention in connection with this case, and on June 20 of the same year he was arrested. He is currently being held in detention at the Guangzhou No. 1 Detention Center.

Defense counsel Wen Donghai is a lawyer at the Hunan Xianghe Law Firm
Defense counsel Hu Xinfan is a lawyer at the Guangdong Defali Law Firm (Beijing).

Defendant Wang Qingying, male, born March 1, 1982, ID No. [INTENTIONALLY DELETED IN THIS CASEBOOK], Han ethnicity, from Sheqi, Henan, graduate school education, household registration [INTENTIONALLY DELETED IN THIS CASEBOOK], Haozhai Town, Sheqi County, Henan. On May 16, 2014 he was taken into criminal detention in connection with this case, and on June 20 of the same year he was arrested. He is currently being held in detention at the Guangzhou No. 1 Detention Center.

Defense counsel Ran Tong is a lawyer at the Sichuan Chuanzhuo Law Firm.
Defense counsel Wu Kuiming is a lawyer at the Guangdong Jinqi Law Firm.

In the Sui Prosecution Public First Criminal (2014) No. 604 indictment the People's Procuratorate of Guangzhou charged defendants Tang Jingling , Yuan Chaoyang , Wang Qingying with committing the crime of inciting subversion of state power, and on April 29, 2015 filed a public prosecution with this Court. After this Court docketed the case it formed a collegial panel in accordance with the law and tried this case in open court. The People's Procuratorate of Guangzhou assigned Procurator Hou Xiangdong and Acting Procurator Zhu Jialin to appear in court in support of the public prosecution, and defendant Tang Jingling and his defense counsels Ge Yongxi and Yan Xin, defendant Yuan Chaoyang and his defense counsels Wen Donghai and Hu Xinfan, and defendant Wang Qingying and his defense counsels Ran Tong and Wu Kuiming appeared in court to participate in the proceedings. Hearings in this case have now concluded.

The public prosecution agency charged: Since 2006, defendant Tang Jingling, out of dissatisfaction with the democratic and electoral systems and the social situations as they currently exist in China, and in order to advocate and spread the concept of a "Non-Cooperation Movement," defendants Tang Jingling, Yuan Chaoyang, Wang Qingying, and others initiated, organized, and participated in illegal activities such as "Climbing Baiyun Mountain in a cultural shirt," "4.29" Lin Zhao Memorial Day, "5000-day farewell countdown to despotism," "June 4th 20th Anniversary Commemoration," "Eighty Cent Vote Redemption," signing "Charter '08," "Civil Non-cooperation Fundraising," "Postcards for Conscience Action," and published a series of articles on the Internet inciting subversion of state power and the overthrow of the socialist order such as "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," and flagrantly encouraged others to participate in illegal "civil non-cooperation movement" actions.

On April 6, 2014, for the convenience of gathering, studying, and discussing the "Non-Cooperation Movement," defendants Tang Jingling, Yuan Chaoyang, Wang Qingying, negotiated and leased space at Room 3006, No. 143, Zhihe Street, Yongtai, Baiyun District, Guangzhou under the name of defendant Wang Qingying, and used it as an illegal assembly venue for studying "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders" and other "Non-Cooperation Movement" books. In order to spread the concept of "Non-Cooperation Movement" widely, on April 10, 2014, defendant Tang Jingling compiled the aforementioned series of books and commissioned the Tonghe Dayang Graphic Store of Nanjing Medical University in Baiyun District, Guangzhou to print over 500 copies of a series of "Non-Cooperation Movement" books including "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," "Self Liberation: A Guide to Strategic Planning for Action to End a Dictatorship or Other Oppression," and "On Strategic Nonviolent Conflict: Thinking about the Fundamentals," and 300 pamphlets including "Abolition of Household Registration Segregation Action," "Universal Basic Pension Action Declaration," "My '5-8-3 Action' for Honest Labor and a Decent Living." Subsequently, defendants Tang Jingling and Yuan Chaoyang and others transported the printed series of the aforementioned books, pamphlets and other materials to Room 3006, No. 143, Zhihe Street, Yongtai, Baiyun District, Guangzhou for storage.

On April 14, 2014, in order to further advocate and spread the concept of a "Non-Cooperation Movement" and to achieve the goal of inciting subversion of state power and the overthrow the socialist order, defendants Tang Jingling and Yuan Chaoyang went to the Yuantong Express Company, No. 96 Modao South Street, Baiyun District, Guangzhou, and mailed the aforementioned series of books and leaflets to many provinces, cities, and regions across the country, and gave them to people who had previously been punished for their involvement in jeopardizing national security.

On April 15, 2014, to further incite subversion of state power and the overthrow of the socialist order, defendant Tang Jingling went to the "Yiya Advertising" shop on Guangzhou Avenue North, Baiyun District, Guangzhou, and printed a total of 6,000 bookmarks such as "Postcards for Conscience Action Commemorative," "June 4th Day of Contemplation Commemorative," and "Lin Zhao’s 46th Anniversary of the Martyrdom Commemorative," and 50 colorful flags with the words "Remember the Martyrs and Pursue Freedom 4.29 Lin Zhao Day of Action." In addition, defendants Tang Jingling and Yuan Chaoyang distributed the aforementioned bookmarks, colorful flags and other things to "democratists" who agreed with the concept of "Non-Cooperation Movement" through gatherings and other means, further inciting subversion of state power and the overthrow of the socialist order.

Following these incidents, the public security agency took into custody "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," "Self Liberation: A Guide to Strategic Planning for Action to End a Dictatorship or Other Oppression," "On Strategic Nonviolent Conflict: Thinking about the Fundamentals" and other "Non-Cooperation Movement" books, leaflets, bookmarks, flags, etc. at Room 3006, No. 143 Yongtai Zhihe Street, Baiyun District, Guangzhou, which was jointly leased by defendants Tang Jingling, Yuan Chaoyang, and Wang Qingying, and at the residences of defendants Tang Jingling and Yuan Chaoyang, respectively. Forensics found that the aforementioned five types of illegal publications are a "Non-Cooperation Movement" series of books, which should be classified as illegal publications with serious political errors.

In order to prove the aforementioned facts, in court during the trial the public prosecution agency presented and read the "Non-Cooperation Movement" series of books that had been taken into custody, computer and other physical evidence, witness testimony, crime scene investigation, inspection, identification transcripts, forensic reports and other forensic opinions, electronic CDs, the statements and justifications of defendants Tang Jingling, Yuan Chaoyang, and Wang Qingying, and other evidence.

The public prosecution agency alleged defendants Tang Jingling, Yuan Chaoyang, and Wang Qingying used spreading rumors, defamation and other means to incite subversion of state power and the overthrow of the socialist order, and that their actions jointly constitute an offense of the commission of the crime of inciting subversion of state power under Article 105(2) of the "Criminal Law of the People's Republic of China," and should be subjected to the criminal liability. It requests this Court pass sentence in accordance with the law.

Defendant Tang Jingling and his defense counsel proffered these defense opinions: 1. Defendant Tang Jingling's advocacy of "non-violent civil non-cooperation" concepts does not constitute the commission of the crime of inciting subversion of state power. 2. Defendant Tang Jingling's words and deeds did not exceed the scope of rights stipulated in China's "Constitution." 3. There is no relevant evidence proving that defendant Tang Jingling and others used rumors, defamation or other means to incite subversion of state power or the overthrow of the socialist order. In summary, defendant Tang Jingling's actions do not constitute the commission of the crime of inciting subversion of state power, and he requests the court acquit him.

Defendant Yuan Chaoyang and his defense counsel proffered these defense opinions: 1. Defendant Yuan Chaoyang and others' advocacy of "non-violent" ideology subjectively shows a lack of intent to incite subversion of state power, and objectively no relevant criminal acts were carried out by means of spreading rumors, defamation, etc., and no harmful consequences ensued. 2. After Defendant Yuan Chaoyang was brought to justice, he truthfully explained the facts involved in the case and played a limited role in this case. In summary, defendant Yuan Chaoyang's actions do not constitute the commission of the crime of inciting subversion of state power, and he requests the court acquit him.

Defendant Wang Qingying and his defense counsel proffered these defense opinions: 1. Defendant Wang Qingying and others' advocacy of "non-violent" ideology does not constitute a crime. 2. Any illegal activities carried out by the three defendants before 2011 cannot be recognized as basic facts in this case. 3. Defendant Wang Qingying's participation was relatively minor, and except for renting a house for Tang Jingling and Yuan Chaoyang, he did not perform other actions. In summary, defendant Wang Qingying's actions do not constitute the commission of the crime of inciting subversion of state power, and he requests the court acquit him.

It was ascertained at trial that on April 6, 2014, in order to facilitate the gathering, studying, and discussion of the concept of "Non-Cooperation Movements," defendants Tang Jingling, Yuan Chaoyang, and Wang Qingying negotiated a lease for Room 3006, No. 143 Zhihe Street, Yongtai, Baiyun District, Guangzhou under the name of defendant Wang Qingying, as an illegal assembly venue for gathering and studying the concept of "Non-Cooperation Movements." On April 10 of the same year, after defendant Tang Jingling compiled a series of "Non-Cooperation Movement" books such as "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," "Self Liberation: A Guide to Strategic Planning for Action to End a Dictatorship or Other Oppression," and "Strategic Nonviolent Conflict: Thinking about the Fundamentals" he commissioned Baiyun District, Guangzhou Tonghe Dayang Graphic Store of Nanjing Medical University to print more than 500 copies. In addition, more than 300 leaflets of "Non-Cooperation Movement" were printed. Subsequently, defendants Tang Jingling, Yuan Chaoyang and others transported the printed series of the aforementioned books, leaflets and other materials to Room 3006, No. 143 Zhihe Street, Yongtai, Baiyun District, Guangzhou, for storage. On April 14th of the same year, defendants Tang Jingling and Yuan Chaoyang jointly mailed the aforementioned series of printed books and pamphlets to people who had been punished for their involvement in jeopardizing national security. On April 15 of the same year defendant Tang Jingling also printed a total of 6,000 bookmarks such as "Postcards for Conscience Action Commemoration," "June 4th Day of Contemplation Commemoration," and "Lin Zhao’s 46th Anniversary of the Martyrdom Commemorative," and had custom made 50 colorful flags with the words "Remember the Martyrs and Pursue Freedom 4.29 Lin Zhao Day of Action." In order to achieve the goal of inciting subversion of state power and overthrowing the socialist order, defendants Tang Jingling and Yuan Chaoyang distributed the aforementioned bookmarks, colorful flags and other things to relevant individuals through gatherings and other means.

Following these incidents, the public security agency took into custody "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," "Self Liberation: A Guide to Strategic Planning for Action to End a Dictatorship or Other Oppression," "On Strategic Nonviolent Conflict: Thinking about the Fundamentals" and other "Non-Cooperation Movement" books, pamphlets, bookmarks, flags, etc. at Room 3006, No. 143 Yongtai Zhihe Street, Baiyun District, Guangzhou, which was jointly leased by defendants Tang Jingling, Yuan Chaoyang, and Wang Qingying, and at the residences of defendants Tang Jingling and Yuan Chaoyang, respectively.

The aforementioned facts have been substantiated by the following evidence produced by the public prosecution agency, examined in court, and deemed as credible by this Court:

1. The case registration form issued by the Public Security Bureau of Baiyun, Guangzhou Branch with the process of how the defendant came into police custody confirmed: At 17:24 on April 15, 2014 the Jingxi Police Precinct of the Public Security Bureau of Baiyun, Guangzhou Branch received a report. The police found that Tang Jingling had ordered a large number of bookmarks to commemorate the "Democrat Lin Zhao" from the Yiya advertising shop at No. 2 Meixing Street, Guangzhou Avenue North Meihuayuan, Jingxi Street, Baiyun District, and was preparing to distribute them to the public. Tang Jingling, Yuan Chaoyang, and Wang Qingying were apprehended.

2. Evidence of defendants Tang Jingling, Yuan Chaoyang, and Wang Qingying household registration confirmed that these three individuals all have the capacity to bear criminal liability, and the other aforementioned identification circumstances.

3 The search warrants, search records, and list of seized items produced by the Public Security Bureau of Baiyun, Guangzhou Branch confirmed:

(1) The Jingxi Police Precinct of the Public Security Bureau of Baiyun, Guangzhou Branch searched Room 3006, Building 143, Zhihe Street, Yongtai, Baiyun District, and seized the following items: 1,000 bookmarks for the 46th anniversary of Lin Zhao's martyrdom, 240 bookmarks for the 46th anniversary of Lin Zhao's martyrdom, 1,200 commemorative bookmarks for "June 4th Day of Reflection, 1,150 commemorative bookmarks for Postcards for Conscience Action, 240 commemorative bookmarks for Postcards for Conscience Action," 7 banners for "Remembering the Martyrs and Pursuing Freedom, '4.29'," 40 small flags of "Lin Zhao Day Operation," 19 leaflets of "In Memory of Martyrs Pursuing Freedom, 4.29 Lin Zhao Day Operation," "Self-Liberation" 8 books, "From Dictatorship to Democracy" 8 books, "Breaking the Real Axis of Evil" 8 books, "Organizing: A Guide for Grassroots Leaders" 8 books, "On Strategic Nonviolent Conflict: Thinking about the Fundamentals" 8 books, "Citizen Disobedience Action Training" 11 books, "Non Violence" Operational Tactics Training Manual" 14 volumes, "Non-Violent Resistance Training Manual" 4 volumes, "Manual for Organization in Times of Mass Gatherings" 1 volume, "Non-Cooperation Movement Fundraising Announcement" 30 pamphlets, "Action to Abolish Household Registration Segregation" 276 pamphlets, "My '5-8-3 Action' for Honest Labor and a Decent Living" 658 pamphlets, "Declaration of Action on Basic Pensions" 249 pamphlets, "Condemn the Atrocities of the Beijing Secret Service and Mourn the Human Rights Defender Cao Shun" 1 banner, "Promoting a Non-Cooperation Movement to Bring Democracy and Freedom to China" 1 banner, "Uncovering the Truth about Infants Being Drugged. Chinese Parents Must Wake Up" 1 banner, and one iPhone 4 mobile phone.

(2) Civil police officers from the Jingxi Police Precinct of the Public Security Bureau of Baiyun, conducted a search of the person of Tang Jingling at No. 68, Jingxiheng Road, Baiyun District, Guangzhou. Civil police officers found and took into custody from a bag on his person 16 paper leaflets printed with the words "Remembrance," "Freedom," "Goddess," "Lin," and "Zhao" respectively, and paper leaflets with the phrase "In Memory of the Martyrs Pursuing Freedom, Lin Zhao Action Day." The police seized the items involved.

(3) After civil police officers from the Jingxi Police Precinct of the Public Security Bureau of Baiyun, Guangzhou conducted a search of Tang Jingling's home at [INTENTIONALLY DELETED IN THIS CASEBOOK], Baiyun District, Guangzhou, these items were seized: One desktop computer (a DIY machine), one mobile phone (black Huawei), one mobile phone (black Sony), one digital camera (Samsung digital camera), one laptop computer (black Lenovo laptop), one hard drive, one mobile phone (black Nokia), books and papers.

Defendant Tang Jingling identified the aforementioned seized small flags, bookmarks, and banners through identification photos.

(4) Civil police officers from the Jingxi Police Precinct of the Public Security Bureau of Baiyun, Guangzhou conducted a search of Yuan Chaoyang's home at [INTENTIONALLY DELETED IN THIS CASEBOOK], Baiyun District, Guangzhou, and seized these items:"Organizing: A Guide for Grassroots Leaders" 3 volumes, "From Dictatorship to Democracy" 2 volumes, " On Strategic Nonviolent Conflict: Thinking about the Fundamentals" 3 volumes, "Breaking the Real Axis of Evil" 3 volumes, "Self-Liberation" 3 volumes, 14 bookmarks, 9 pamphlets (various), "My '5-8-3 Action' for Honest Labor and a Decent Living" 70 copies, "Declaration of Action on Basic Pensions" 34 copies, "Abolish Household Registration Segregation" 36 copies, "Non-Cooperation Movement Fundraising Announcement," "Non-Violent Resistance Training Manual" 33 copies, "Civil Disobedience Action Training" one volume, "Non-violent Operation Tactics Training Manual" one volume, one home made manual, 1 tablet computer; 6 mobile phones (1 Samsung, 4 Lenovo, 1 Moral); 1 wireless network card; 2 USB flash drives; 1 laptop (Shenzhou brand), 1 key (with room 3006 label, access control), and one special receipt for Friendship Apartment (contract number 1389386).

(5) Civil police officers from the Jingxi Police Precinct of the Public Security Bureau of Baiyun, Guangzhou conducted a search of Wang Qingying's residence at [INTENTIONALLY DELETED IN THIS CASEBOOK], Shiji Township, Panyu District, and seized these items: 1 laptop (Dell brand), 1 desktop computer, 1 Apple iPhone 5S mobile phone, 1 portable USB flash drive, several paper materials ("Opinions on China's Major Issues at Present," "Revolutionary Roadmap", etc.), 2 bank cards (China Rural Bank bank card [INTENTIONALLY DELETED IN THIS CASEBOOK], Guangzhou Rural Commercial Bank bank card [INTENTIONALLY DELETED IN THIS CASEBOOK]), 1 passport, files (all owned by Wang Qingying), and 1 mobile hard drive.

4.  The Suigong Wangkan (2014) No. 304 Electronic Exhibit Investigation Record, crime scene investigation inspection photo record form, and list of collected electronic evidence and CD-ROM produced by the Public Security Bureau of Guangzhou Electronic Data Forensic Analysis Laboratory confirmed:

(1) An inspection was conducted of the desktop computer, laptop computer, 3 mobile phones, and digital camera seized at Tang Jingling's residence at [INTENTIONALLY DELETED IN THIS CASEBOOK], Baiyun District, Guangzhou. (i) With respect to an inspection conducted of the desktop computer, the hard disk was divided into four logical volumes. In the third logical volume they collected 179 doc formatted documents, two xls formatted documents, two txt formatted documents, one pdf formatted document, one rar format compressed file, three jpg formatted documents, the contents of which contained "Charter Zero," "Non- Cooperation Movement LOGO, "Luoshan Farmers' Rights Protection Declaration," "Free Choice" and other words. In the fourth logical volume they collected two doc formatted documents, a folder named "fg740p." Its content included "Freedom Gate 7.37," "Unbounded Browsing Beta 12.07b" and other words. (ii) With respect to an inspection conducted of the laptop computer, the hard disk was divided into four logical volumes. In the first logical volume they collected 6 doc formatted documents, and two exe formatted documents. The content included the words "429 Lin Zhao Day of Action personal experience," "oral record oi06" and other words. In the third logical volume they collected two xls formatted documents, the content included "13 years 429 Lin Zhao Day of Action Some Friends" and other words. In the fourth logical volumes they collected one jpg formatted document, one doc formatted document, and two exe formatted documents. The content contains words such as "Yanhuang Chunqiu 2013 New Years Greetings." On the hard disk they collected four documents, the contents of which included "Ginlian," "Zhongyuan," "Weicha," "Lüduan" and other words. (iii) With respect to an inspection conducted of the digital camera, the camera was equipped with a SanDisk Micro SD memory card with a capacity of 32GB. From the memory card was collected one jpg formatted document, two mp4 formatted documents, the contents of which contained words such as "Promoting a Non-Cooperation Movement to Bring Democracy and Freedom to China."

(2) An inspection was conducted of the laptop computer, 6 mobile phones, tablet computer, and one USB flash drive seized at Yuan Chaoyang residence at [INTENTIONALLY DELETED IN THIS CASEBOOK], Baiyun District. With respect to an inspection conducted of the laptop computer, the hard drive was divided into four logical volumes. In the second logical volume they collected 7 doc formatted documents, 55 jpg formatted documents, 4 png formatted documents. The contents included words such as "Suggestions for Citizen Gathering Speech 1", "Blue Ribbon Action on Labor Rights (Trial Version)," and "Xiancun Declaration."

(3) An inspection was conducted of the desktop computer, laptop, mobile phone, USB flash drive, and mobile hard drive seized at Wang Qingying's residence at [INTENTIONALLY DELETED IN THIS CASEBOOK], Guangzhou. With respect to an inspection conducted of the laptop computer,the hard drive was divided into 6 logical volumes. In the third logical volumes they collected 27 doc formatted documents. The contents included the words "on violence and non-violence," "academic salvation of the country" and other words. In the fifth logical volume they collected directory folders named "group files," "mobile phone," and "Album." The contents included words such as "Citizens do not cooperate in China," "Free Citizens March" and other words. With respect to an inspection conducted of the USB flash drive, they collected directories named "Witness" and "Recent articles." The folders contained the words "Non-violent resistance, a stronger force (full text)," "Civil Movement Theory and Practice," "Non-violent Civil Non-cooperation Movement Guidelines" and other words. With respect to an inspection conducted of the hard disk, in the first logical volume they collected words such as "How to Promote Democratic Forces," "The Road to Democracy in China," "Dadi (1989 June 4th Democracy Sing for China).

(4) The Suigong Net Survey [20141561] remote crime scene investigation transcript, fixed electronic evidence list, remote crime scene investigation target, attachments and CD-ROM produced by the Public Security Bureau of Guangzhou Electronic Data Forensic Analysis Laboratory confirmed the circumstances of the remote crime scene investigation conducted with respect to the Twitter account used by defendant Tang Jingling. As part of this crime scene investigation process 49 screen shots were taken, 2 of which were selected for printing (two articles written by Tang Jingling: "World Human Rights Day and the 5th Anniversary of the Publication of Charter '08" and "Five Thousand Days Farewell to Despotism").

(5) The Sui Gong Net Survey (2014) No. 560 remote crime scene investigation transcript, fixed electronic evidence list, attachments and CD-ROM produced by the Public Security Bureau of Guangzhou Electronic Data Forensic Analysis Laboratory confirmed: As part of a remote crime scene investigation performed on defendant Wang Qingying's online activities and a crime scene investigation of the content that was the subject of a remote crime scene investigation and the content of websites that were browsed, 105 screenshots were taken, and 3 of them were selected to print: "Wang Qingying's Diary, "What is Patriotism?" and "Where is China Going - Capital Flight" and other articles.

(6) The Sui Gong Net Survey (2014) No. 282 remote crime scene investigation transcript, fixed electronic evidence list, remote crime scene investigation target, attachments and CD-ROM produced by the Public Security Bureau of Guangzhou Electronic Data Forensic Analysis Laboratory confirmed: With respect to the remote crime scene investigation conducted with respect to the Twitter account used by defendant Tang Jingling, a remote crime scene investigation was conducted of the content of the target of a crime scene investigation, and as part of this crime scene investigation process screenshots were taken: Including articles posted by Tang Jingling such as Five Thousand Days Farewell to Despotism, Non-violent Civil Non-cooperation, Postcards for Conscience Action, His Holiness the Dalai Lama’s video speech, The Seventh Anniversary of the June 4th Day of Reflection, 429 Lin Zhao Day of Action, and Falun Gong rights protection.

5. The housing lease contract for Room 3006, No. 143 Zhihe Street, Baiyun District, copy of the tenant’s ID card, deposit receipt, rent receipt, and water and electricity usage registration acquired by the Public Security Bureau of Baiyun, Guangzhou Division, confirmed: The circumstances under which defendant Wang Qingying leased Room 3006 in the Friendship Elevator Apartment and the water and electricity usage registration.

6. The notice of evidence collection, collected evidence, lists, and CD and video screenshots produced by the Public Security Bureau of Baiyun, Guangzhou Division confirmed: Videos showing four men moving something from the back of a car in the road at the Southern Medical University student residence. Witnesses Zhao Doewei and Xiong Mouguang identified the video screenshots as the scene where books were moved.

7.  The Seizure Decision Notice and the list of seized items produced by the Public Security Bureau of Baiyun, Guangzhou Division confirmed:

A large number of books and pamphlets including "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," "Self-Liberation," " On Strategic Nonviolent Conflict: Thinking about the Fundamentals," and "From Dictatorship to Democracy" were seized from Zhao Doewei, Yu Doeyuan, Li Doewei, Chen Doepin, Chen Doewei, Xiong Pingbo, Cheng Doerui, Zhang Doelin, Luo Doeming, Yang Doechu, Guo Doeliang, Shi Xinghui, Yin Doe'an, Li Doejun, Sun Doebao, Lu Doechao, Chu Doejie, Zhang Doening, Chao Doehai, Li Doezhong, Zhang Doechu, and Chen Doefu. The aforementioned five kinds of books were all sent by Tang Jingling and others via Guangzhou Yuantong Express Co., Ltd., and there was a note written by Tang Jingling to distribute books to Zou Doe, Hu Doe, Zan Doeyu, Wang Rongqing and others.

8.  The Sui Gong (Division) Jian (Document Inspection) [201412 34 No. 34 Document Appraisal Document of the Guangzhou Public Security Judicial Authentication Center of Guangdong Province] drafted by the Guangzhou Public Security Judicial Authentication Center of Guangdong Province confirmed: The content of the items submitted for inspection were "a total of five sets of the above materials......"  such as "7470903619" and another 29 "Yuantong Express (see detailed list)" forms that were filled in with handwriting and numbers in the "Sender Information, Sender’s Signature, Recipient Information" (handwriting inside the red boxes excluded) columns, as well as sample handwritten signature exemplars signed "Tang Jingling" that was delivered to them (handwriting inside the red boxes excluded), were written by the same person.

9. Testimony of witness Yao Doefang and identification records confirmed: At about 4:00 pm on April 6, 2014, I was alone in the office on the first floor of the Friendship Elevator Apartment. Three middle-aged men walked into the office and asked to rent an apartment and asked to see an apartment. So I took the three middle-aged men and we went to see Room 3006. After seeing the apartment, the three men said they wanted to rent the apartment. I asked them how many people were renting the apartment. One of them was about 30 years old. The man wearing glasses took out his ID card and gave it to me and said he was renting the apartment alone, so I took out the "house lease contract" for the apartment rental from my desk and showed it to the man who rented the apartment and he signed it. The man who signed was named Wang Qingying. After signing the contract, the shortest man among the men took cash directly from his person to pay for a month’s rent of 1,450 yuan and a deposit of 2,950 yuan for utilities. After I gave them two receipts, they took the key to Room 3006 and left. After renting Room 3006 I rarely saw the tenant come to stay there, and I have no impression that Wang Qingying came to live there. Room 3006 used 21 kWh of electricity in May, and used 3 tons of water. In April it used 4 KWh of electricity and 2 tons of water. Such consumption is definitely not the usage of normal tenants. Normally, they use at least 40 kWh of electricity. At first I thought that the water meter and the electricity meter were broken, and then I asked the man who paid the rent and he said they traveled more and lived there less. After I heard that, I didn’t continue to ask. In early May of this year, I saw the man who paid the rent and deposit go to Room 3006 several times with eco-friendly bags. He stayed for a short time and then left. At 18:00 on May 3, 2014, the man who paid the rent came into my office with two eco-friendly bags and paid the rent for Room 3006. After giving the receipt to the man, he took two bags and went to Room 3006. I don't know when he left. I haven't seen the three men show up since then.

Based on identification photos, he identified Tang Jingling as the man who rented 3006 with Wang Qingying and another man on April 6, 2014. He was wearing black-rimmed glasses at the time. He identified Yuan Chaoyang as the man who rented Room 3006 with Wang Qingying and another man on April 6, 2014. At that time he paid the rent and deposit, and also paid the rent of room 3006 in May, and took bags to Room 3006 several times. He identified Wang Qingying as the man who rented Room 3006 with two middle-aged men on April 6, 2014.

10. Witness Xu Doerong: On the evening of April 12, 2014, Yuan Xinting asked me through Viber to meet me at the exit of Yongtai Subway Station at 2:00 pm the next day. At 2:00 pm on April 13th, Yuan Xinting was waiting for me at the Yongtai Subway Station. After he saw me, he said that there were two other friends. About ten minutes or so later we met two other men, one was Xiao Mouhui (their screen name was "Another Huihui") and the other was Yu Mouyuan. Yuan Xinting led us on a walk for about 10 minutes to a single room on the third floor of a seven or eight-story apartment building in Chengzhong Village. After entering the room, I saw Tang Jingling waiting for us. The five of us sat down in the living room and chatted and introduced ourselves. Then Tang Jingling gave each of us one book. The content of the book was about advocating the concept of non-violent civil non-cooperation, how to resist the government, etc. Tang Jingling let everyone read a paragraph of the content of the book, and then personally express their own opinions around this book, which were mainly that non-violent ways of expressing appeals are better than violent ways, and makes it easier to garner support. We stayed in the house for more than two hours, and we left before five in the afternoon. Tang Jingling also suggested that we take the book with us, but I didn’t take it. I remember that other people didn’t take it, so Tang took five books back to the room. Yuan Xinting said that the rental house was rented by himself, and he rarely lived here, but because he was often driven out by the police, he used it as a backup residence. The rental was in the format of one bedroom and one living room, with basic furniture and appliances, and a bed in the bedroom.

11. Testimony of witness Yu Doeyuan and identification records: I have known Tang Jingling for more than a year, we first met online and then in person, and then met Yuan Chaoyang through Tang Jingling's introduction. I met them both for dinner a few times. The first time was in early April this year, when Tang Jingling and Yuan Chaoyang asked me to meet them for dinner at Huangshi West Road, and the second time was in the afternoon of April 13 this year, when I received a message from either Tang Jingling or Yuan Chaoyang that they were at a rented a room in Baiyun District and asked me to come over for a get-together. At about 15:00 that afternoon, I met Yuan Chaoyang at the Yongtai subway station, and then he took me on a walk to Room 3006 in a building called Friendship Elevator Apartments. After arriving there, Yong Jingling was already in the room, and soon a young man arrived, and I later learned that his name was Xiao Yuqing. At that time the four of us were in the room chatting and watching TV. Shortly I left alone because of business matters, and the three of them remained in Room 3006. After that, I never saw Tang Jingling and Yuan Chaoyang again. I did not study any books with Tang Jingling and Yuan Chaoyang on that day, and it is not clear whether they studied any books after I left. I did not see any books or banners in Room 3006. I agree with their views on some events, but I do not agree with their ideology around the "Non-Cooperation Movement," "Universal Basic Pension," "Desegregation Movement," and "May 38 Action."

Based on identification photos, he identified defendant Tang Jingling, and that he had taken a book titled "From Dictatorship to Democracy" from Tang's bag, and also met with Tang in mid-April in Room 3006 of the Yongtai Friendship Elevator Apartment building. He identified defendant Yuan Chaoyang as Yuan Xinting, and he met with Yuan in mid-April 2014 in Room 3006 of the Yongtai Friendship Elevator Apartment building.

12. Testimony of witness Shang Doehui: On April 13, 2014, Yu Mouyuan said he wanted to change his place of residence, and then Tang Jingling said he knew of the Friendship Elevator Apartment building on Zhihe Street in Yongtai Village, so I accompanied Yu Mouyuan to the above address that afternoon to see the apartment and meet with Tang Jingling. I met Yu and Yuan Chaoyang at the Yongtai subway station and walked together to Room 3006 of the Friendship Elevator Apartment building on Zhihe Street in Yong Su Village. When I entered the room, Tang Jingling was already in the room, and the four of us watched TV and chatted in the room. I stayed there for about an hour that day and was the first to leave. I am not sure what Tang Jingling, Yuan Chaoyang, and Yu Qiyuan were doing there afterwards. I haven't seen Tang Jingling since that day. I met Yuan Chaoyang at a dinner at Mao's Restaurant in Tianhe District on April 29th this year. We took a group photo after dinner that day. During the photo shoot, someone asked me to take a picture with a sign, and others also took pictures with some signs and small yellow flags, and then we took a group photo in twos and threes, and left after the photo shoot. I saw someone put little yellow flags on the table before eating on April 29, and I don't know who brought them there.

13. Witness Zhan Doeming and identification records: At 1:00 pm on April 10, 2014, I was working inside the store when a man about 40 years old (wearing a pair of glasses) came to our store with a USB flash drive and said there were five kinds of books to print. I asked him how many copies he wanted to print, he said more than 100 copies each, with covers with five different colors. I told him that the printed materials could be delivered to him tomorrow, and told him that the price of printing was 0.15 yuan / double-sided The man did not object to the price I quoted, and at that time he also asked us to print three kinds of leaflets, about 120 copies of each. The total cost of printing was more than 5,000 yuan, and he gave us a deposit of 1,000 yuan. The next day (I'm not sure of the exact time) at about 7:00 pm, the man came to our store to pay the remaining 4,000 yuan in full, and took away the printed leaflets, but not the five printed books. The five printed books were taken away around April 12 or 13, 2014. I did not review the aforementioned five books, I just received the electronic files provided by the man and arranged for the staff to do the printing and binding, and did not closely examine them. I also did not look closely at the leaflets, and I am not sure of the specific content.

Based on identification photos, he identified Tang Jingling as the man who came to the South China Medical University store on April 10, 2014, to print 500 copies of the five books "Breaking the Real Axis of Evil," "On Strategic Nonviolent Conflict: Thinking about the Fundamentals," "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," and "Self-Liberation"and over 300 copies of the three pamphlets.

14. Witness Xiong Doeguang and identification records confirmed: One day in mid-April this year, around 3:00 pm. (I can't remember exactly which day), a middle-aged man wearing glasses came to my store to pick up books, I checked the documents and counted the books with the middle-aged man, and then I pushed the delivery cart to the door at the roadside to pick up the books. In addition to the middle-aged man wearing glasses there were three other men, and the five of us moved the books to a silver gray car. After putting the books away, I went back to the store. The middle-aged man with glasses came to our graphic store in May and June of last year to print fliers. I cannot remember the content of the fliers.

Based on identification photos, he identified Tang Jingling as the middle-aged man wearing glasses who came to print books at the Southern Medical University store in mid-April 2014, and then came with three men to pick up the books.

15. Testimony of witness Zhao Doewei and identification records confirmed: On April 11, 2014, I received a phone call from Tang Jingling, who asked me if I could drive there the next day to help him pick up something, and I agreed and arranged a meeting time. After getting into the car, Yong Jingling took us to a place like a business center in Southern China University of Science and Technology, then Tang Jingling and Yuan Chaoyang got out of the car and went in to check on things, while Zeng Xinglai and I waited outside. After about 10 minutes, Tang Jingling and Yuan Chaoyang pulled some boxes of stuff out of a cart and brought them to my car. Then I took the books with them to a rented house near Tongtai, I don't remember the specific door number. I parked the car in front of rented house, and then the four of us moved the seven boxes of books into the rented house. After moving them to the rented house, Tang Jingling took two sets of books and gave them to me, saying that I could read them, and if any friends came over they could read them too. The whole process of moving the books involved only myself, Tang Jingling, Yuan Chaoyang, and Zeng Xinglai. When I left the rental house I took two sets of books, and each set of books was 5 volumes. The others did not take any. My understanding is that Tang Jingling printed the books because for a long time he had been promoting non-violent civil non-cooperation, and these were books promoting non-violence. I suppose Tang Jingling wanted to use these books to spread the idea of advocating non-violent civil non-cooperation. I think Tang Jingling's promotion of non-violent civil non-cooperation was about not cooperating with the current Chinese government.

Based on identification photos, he identified defendant Tang Jingling, defendant Yuan Chaoyang, and pictures of the books that he moved.

16. Testimony of witness Liu Doelan and identification records: On April 15, 2014, my husband and I accepted an order from a male customer to make a batch of bookmarks and banners at our store, Yiya Advertising. At 5:00 pm on April 15, 2014, I was in the stall when a man about 40 years old with short hair and glasses walked into our stall and said he wanted to print a batch of business cards for use as bookmarks and he ultimately set the specifications for business cards at 16 cm long and 4.8 cm wide. Then the man took out a USB flash drive and said that there was a set of text required for business cards on the flash drive, and asked me to follow his request and make them. I made a 16 cm long, 4.8 cm wide business card format on the computer according to his request, and then plugged his USB flash drive into the computer. I found more than ten images and patterns in the USB flash drive, and then he pointed out four of the images and said he needed the four images to make business cards, so I will follow his request to copy the four pictures from his flash drive to my work computer. The man asked me to use a five-color swirl pattern to form the front and back of the bookmark with the other three patterns, which were placed at the top of the bookmark, and asked me to enter some text into the bookmark. After completing the three patterns, the man asked me to make 2,000 pieces of the aforementioned bookmarks and glue them on both sides. In the process of making the bookmarks, the man pointed to a small colorful flag 22 cm long and 13 cm wide hanging on the wall of the stall and asked me how much it cost to make the aforementioned sized flags. I opened the banner template on the computer, and the man told me to put the five-color swirling pattern on the left side of the banner, and write the words "In Pursuit of Freedom 4.29 Lin Zhao Day Action" on the right side. After making three bookmarks and a banner template, the man paid a deposit of 400 and asked to pick up the goods in the afternoon of April 16 and left. At 4:00 pm on April 16, the man came to the stall in person again. I brought the banners and bookmarks to the man and he checked and found no problems and then paid the outstanding 550 yuan debt to me and left. I asked the man what he wanted the bookmarks and flags for, and he said they were used to commemorate Lin Zhao, and I asked who Lin Zhao was, and he replied that Lin Zhao was a revolutionary martyr. I really don't know exactly what the man used the bookmarks and the flags for.

Based on identification photos, she identified Tang Jingling as the person who placed an order at 5:00 pm on April 15, 2014 for the production of 2,000 bookmarks and 50 banners at her Yiya Advertising business. She confirmed that she and her husband operated the Yiya Advertising site at No. 2 Meixingjie, North Guangzhou Avenue, Jingxi Street, Ziyun District. She confirmed that she used QQ to give the business of producing 50 banners to Xingda Silk Printing. She identified the chat records relating to her consignment of the production of a total of 6,000 copies of three kinds of books to Zhong Laihua. She identified the three kinds of bookmarks and colorful flags she produced according to the requirements of the man who placed the order.

17. Testimony of witness Zhong Doehua and identification records: At around 5:00 pm on April 15, 2014, my QQ (632610665) received an order from the Yiya Advertising shop for 6,000 bookmarks. Yiya Advertising sent me the bookmark template through QQ403489544. After I accepted the order, I logged into my account number 1579 and used the ordering software to place my order at the Yicai Printing Factory. At 4:00 pm on April 16th, I went to the Yicai Printing Factory and took the finished bookmarks and drove them to the Yiya Advertising shop located at the north of Guangzhou Avenue to hand the bookmarks to the proprietress.

Based on identification photos, he identified Liu Doelan as the owner of the Yiya Advertising shop who asked him to make 6,000 bookmarks through QQ on April 15, 2014, with 3 kinds of content and the words "Civil Non Cooperation." He identified the aforementioned photo as the contact content that Yiya Advertising sent to him through QQ on April 15th to request he to make the bookmarks. He identified the content of the text above was the owner of the Yiya Advertising Store contacting him on April 15th, 2014 through QQ to request that he create 6,000 bookmarks.

18. Witness Zeng Doefeng: I am the head of the Yicai printing business. After receiving an order from an external party, our company sends the order's design drawing to our company management center through a computer client. After the company has printed it, each member will pick up the goods at the company. The order placed by member 1579 on April 15, 2014 was received by designer Liang Doexiao.

19. Witness Liang Doexiao and identification records: I am a designer at the Guangzhou Yicai Printing Co., Ltd. At around 8:00 pm. on April 15, 2014, after member 1579 placed their order I immediately typed it up. The member 1579 came to pick up the printed materials by themselves, so I know him, know that his surname is Zhong, he is about 35 years old, and he is about 170 cm in height. The contents of the printed documents I typeset for member 1579 included: Bookmarks for the 46th anniversary of Lin Zhao's martyrdom, postcards for Conscience Action commemorative bookmarks, and commemorative bookmarks for a June 4th Day of Reflection. 2,000 copies of each of the aforementioned three kinds of bookmarks were printed, for a total of 6000 copies.

Based on identification photos, he identified Zhong Doehua as the customer who placed an order with his company for printing commemorative bookmarks on April 15, 2014. He identified the bookmarks that he typeset.

20. Witness Zhu Doe and identification records: At around 6:00 pm on the afternoon of April 15, 2014, I received an order from Yiya Advertising requesting the production of 50 small yellow flags, and the other party sent the template of the flags. I immediately booked the order and used QQ to send the content of the order and the requirements to a man surnamed Nie to help us make the colorful flags. At about 8:00 am. on the 16th, the man surnamed Nie sent 50 colorful flags over, and then my husband delivered the 50 colorful flags to Yiya Advertising. The colorful flags were yellow, 22 cm long, 13 cm wide, and were attached to a plastic rod. The left part of the flag was printed with red, white, yellow, green, and blue. There was circular pattern with the words "Non-Cooperation Movement" written under it, the words "Remember the Martyrs and Pursue Freedom" were printed on the right side of the colorful flags, and the words "4.29 Lin Zhao Day of Action" were printed on the bottom.

Based on identification photos, he identified Liu Doelan as the proprietress of Yiya Advertising who at 6:00 pm on April 15, 2014 sent her the job of making 50 colorful flags through QQ353225946. She identified a photo of Yiya Advertising QQ message sent to her asking her to make 50 colorful flags.

21. Witness Nie Doe and identification records: At 7:00 pm on April 15, 2014, my wife and I were in our own workshop when we received an order from Xingda Silkscreen Printing on QQ requesting the production of 50 yellow-base colorful flags. At that time, the other party also sent the template for the colorful flags. My wife and I immediately started production and finished production that evening. At 6:00 the next morning, I sent 50 colorful flags to the offices of Xingda Silkscreen Printing. The colored flag had a yellow background, the specification was 22 cm, width 13 cm, with a plastic pole, the left part of the flag was printed with a spiral design composed of five colors red, white, yellow, green, and blue with the words "Non-Cooperation Movement" written below the spiral, and the words "Remember the Martyrs and Pursuing Freedom" were printed on the right side of the colored flags, and "4.29 Lin Zhao Day of Action" was printed on the bottom.

Based on identification photos, he identified the 50 colorful flags that Xingda Silkscreen Printing sent to him through QQ at 7:00 pm on April 15th.

22. Witness Chen Doeguan and identification records: At about 12 noon on April 14, 2014, I was at work at the front desk of Yuantong Express Company at No.96 Modao South Street, Baiyun District, Guangzhou. A bald man in a striped shirt came over with a book and asked me if the book could be mailed. I said yes, and he went on to ask me if I could come to collect the goods or lend a cart to him. I told him that he would need to deliver the documents to the office himself, so the man left. At about 2:00 pm, the bald man and a man in a white shirt and glasses came to the front desk of our company. They each carried a few books in their hands. When they came, they told me they were going to mail a lot of books, so I gave more than 20 express forms for them to fill out. After the man in the white shirt took the forms, he started to fill them in and put the books in the bag next to the front desk. The bald man borrowed our company’s trolley and went out to get books. The bald-headed man went out and collected two sets of books, which took about ten minutes each time. He brought in a total of more than a hundred books. After the bald-headed man brought all the books in, he and the man in the white shirt sorted the books into the packing bags. By around 5:00 pm, the two of them had packed all the books into the packaging bag and they gave them to me for weighing and posting. There were more than 30 books they wanted to send, and they were mailed to a dozen provinces, and the price was about 900 yuan. They left after the man in white paid the postage fee. The first man who came here was about 1.7 meters tall, of medium build, bald, and spoke Mandarin. At the time, he was wearing a white T-shirt and shorts. The other man was about 1.7 meters tall, of medium build, short hair, wearing glasses, and spoke Mandarin. At that time, he was wearing a white long-sleeved farmer shirt and dark trousers. This man wrote his name as Tang Jingling in the sender column. The bald man came back and sent a letter a few days later, but I don't have any impression of the specific circumstances.

Based on identification photos, he identified photos of the two men came to their company to mail a batch of books at 2:00 pm on April 14, 2014. He identified photos of the 30 express delivery forms filled in by the two men on the afternoon of April 14, 2014 when they came to Yuantong to mail the books.

23. Testimony of witness Li Doe and identification records: I met Tang Jingling during the 2013 Spring Festival at the end of 2012. About mid-April that year, Tang Jingling called me and said that he would send me some books and asked me to give him a contact address. About a week later, I received the books from Tang. There were about three sets of 5 books each, "Organizing: A Guide for Grassroots Leaders," "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," "Self-Liberation," and "On Strategic Nonviolent Conflict: Thinking about the Fundamentals." All of the books advocated "non-violent civil non-cooperation." After receiving these books and materials, I called Tang Jingling to inform Tang Jingling that I had received the books, and Tang Jingling asked me to circulate the books I received among a circle of friends in Wuhan, and spread the word about them so that everyone could be exposed to this kind of thinking. I gave one set to a friend in Wuhan, Li Chengpeng, and put 3 books in my office. A friend named Zhu took one, and the other books remained in my home. Tang once introduced me to the fact that the current social security standards in China’s rural areas were too low, and he was thinking of ways to promote the reform of China’s rural social security system, and he took out a piece of A4 paper with content about how to promote reform of China's rural social security system, and after he handed it to a few of us to circulate he expressed his hope that we could discuss this issue with more friends. The content of the leaflet was aimed at the reform of the rural social system and the improvement of rural areas. We also discussed how to improve the social security standards more broadly. I had seen a lot of posts about "non-violent civil non-cooperation," "Abolish Household Registration Segregation," "Universal Basic Pension," "583 Action" in the QQ group. I’m not sure if they were from Tang Jingling, but most of the posts had Tang's business card stickers. I think this was a "non-cooperation" campaign initiated by Tang Jingling in response to some unreasonable phenomena in China and some unreasonable policies formulated by the government.

Based on identification photos, he identified Tang Jingling as the one who sent three sets of "non-violent civil non-cooperation" books and materials from Baiyun District, Guangzhou in April 2014.

24. Witness Zhu Doe and identification records: Li Doe met Tang Jingling at a dinner party about two years ago. After having some exchanges with him, he felt that his thinking was very clear and his experience was very rich. Like me, he thought that this society needed to undergo some rational changes. It was probably one day in early May that I went to Li's office to look for him, and I asked him what books he read, and he gave me three books, the names are "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," and "Self-Liberation." The books were wrapped in a courier package. I opened it and took a look. The cover of the books were printed with content about "non-violent civil non-cooperation." I thought these books should be related to Tang Jingling. Later, I read through the three books. Much of the content was critical of the current Chinese government, and express dissatisfaction with the status quo in China. The contents were very sensitive. I met Tang in the second half of 2013 and knew that He was a citizen who sought after democracy and constitutionalism, and promoted the "non-violent civil non-cooperation" movement. However, in view of the low quality of the Chinese people at this stage and the fact that too few people read books, I thought that Tang Jingling's "non-violent civil non-cooperation" concept was fundamentally not suitable for China.

Based on identification photos, he identified Tang Jingling as the person who mailed the books to Li Doe.

25. Witness Chen Doepin and identification records: In 2008, I was taken into criminal detention by the Public Security Bureau of Hangzhou for publicly hoisting a banner about "June 4th" and was sentenced to two years by the court. I recently received a book from Tang Jingling, sometime in mid-April. When I picked it up from the courier, before I even signed for it I and the package were taken by the plainclothes public security agents to the public security bureau. Then I learned that Tang Jingling sent me the express package, which contained books. The purpose was probably to advocate his personal ideology, as he promoted the concept of "non-violent civil non-cooperation." Afterwards, the public security agents showed me what books Tang Jingling had mailed to me, and I saw the note written by Tang himself. The content was something like he had sent five sets of five copies each, and asked me to keep a copy, and then give copies to Zou Wei, Hu Chen, Zan Aiyu, and Wang Rongqing, and suggested that we read and discuss them together.

Based on identification photos, he identified Tang Jingling as the person who mailed the books to him.

26. Witness Chen Doewei and identification records: I received a package sent to me by Tang Jingling through Yuantong Express. There were five books in it, namely "Self-Liberation," "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," "Organizing : Guide for Grassroots Leaders," and "On Strategic Nonviolent Conflict: Thinking about the Fundamentals." I have not read these five books, and I did not notice that there was "Non-Cooperation Movement Fundraising Announcement" on these five books, and I have not participated in any activities of this sort.

Based on identification photos, he identified photos of "Organizing: Guide for Grassroots Leaders," "On Strategic Nonviolent Conflict: Thinking about the Fundamentals," "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," and "Self-Liberation" as the books mailed to him via Yuantong Express signed "Tang Jingling" in mid-April, 2014.

27. Testimony of witness Cheng Doerui and identification records: Tang Jingling mailed some books to me via Yuantong Express in mid-April this year. There were five books in total, all of which promoted "non-violence and non-cooperation." This was his personal, and I also agree with this concept. After receiving the five books, because of my poor eyesight and lack of time because of work, I gave them all to my friends. Two books were given to lawyer Cheng Weishan, two to "Teacher Ren," and one to "Zhang Xiaomei".

Based on identification photos, he identified defendant Tang Jingling. He identified the five books mailed to him via Yuantong Express by Tang Jingling.

28. Testimony of witness Zhang Doelin and identification records: In mid-April 2014, I received a courier package containing books and materials from Tang Jingling through Yuantong Express. It contained five sets of books and materials and a total of 25 books, namely "Self-Liberation," "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," and "On Strategic Nonviolent Conflict: Thinking about the Fundamentals." There is also a "Non-Cooperation Movement Fundraising Announcement," five copies of "Abolish Household Registration Segregation," five copies of "Universal Basic Pension Action Declaration" and five copies of "My '5-8-3 Action' for Honest Labor and a Decent Living." I understand that Tang Jingling's purpose was to get me to read and study one set of books, accept the ideology advocated in the aforementioned books, and distribute the other four sets of books to friends I know, or to those who are interested in socio-political issues, and to accept the spread of these kinds of ideas. The book materials that Tang Jingling mailed to me advocated the ideology of a "Non-Cooperation Movement," denigrated China's current socialist system, encouraged the people to oppose China's government by means of non-cooperation, and attempted to incite the people to use various means to subvert China's socialist regime in various ways - all in the name of opposing dictatorship. Tang Jingling had previously published photos of himself in a QQ group and information about "civil non-violent civil non-cooperation movement," "May 8 Three Actions" and "Generalized Pension System" that he advocated I think that the object of the non-violent civil non-cooperation movement mentioned by Tang must be the government. This is obvious. Non-violence is the prerequisite and non-cooperation is the means. His goal is to become a civil society leader like Gandhi or Mandela in order to bring about changes to the current social structure, political party system, and other social systems. Tang Jingling understood thoroughly that a single person's efforts are not enough, so he used the Internet, mailed books, etc. to enable him to find other people with whom he could achieve his goals.

Based on identification photos, he identified defendant Tang Jingling. He identified Tang Jingling as the person who mailed him books via Yuantong Express.

29. Witness Luo Doeming and identification records: At the beginning of April this year, Tang Jingling posted a "citizens don't cooperate" post on the Internet. I argued with him about this post. He told me that he wanted me to read more books, and then he asked me for a mailing address. I received five books and leaflets from him. The leaflets read "civil non-violent civil non-cooperation movement" and so on.

Based on identification photos, he identified defendant Tang Jingling as the person who mailed him books and leaflets.

30. Witness Yang Doe and identification records: In mid-April 2014, I received a package containing books from Tang Jingling via Yuantong Express. It contained three sets of book materials and a total of more than a dozen books. Each set of books had five books, namely "Self -Liberation-A strategic planning guide for actions to end dictatorships or other oppression," "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," and "On Strategic Nonviolent Conflict: Thinking about the Fundamentals." There were also about ten "My '5-8-3 Action' for Honest Labor and a Decent Living" leaflets. After I received the books, I forwarded the books to a teacher, Guo Doeliang, according to Tang Jingling's instructions. I asked if I could keep a set of books and materials (five books plus a leaflet) to read myself, and Tang Jingling agreed. I knew that the purpose of Tang Jingling’s mailing the aforementioned books to me was to advocate Western democratic ideology, and he was engaging in advocacy by sending me books and materials in the hopes that I would participate in fundraising for "Non-Cooperation Movement" initiated by Tang Jingling.

Based on identification photos, he identified Tang Jingling as the person who mailed him books and materials via Yuantong Express in mid-April 2014.

31. Testimony of witness Guo Doeliang and identification records: In April 2014, my friend Yang Doe placed some books in my house and said that these books were sent by Tang Jingling from Guangzhou. Tang Jingling said to send these books to me. There were ten books in total. I could give them to friends who were researching these books. There are ten books given to me by Tang Jingling. There are two sets in total. There are five books in each set, namely "Self -Liberation-A strategic planning guide for actions to end dictatorships or other oppression," "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," and "On Strategic Nonviolent Conflict: Thinking about the Fundamentals." It was because I like to read all kinds of books, especially social science books. By sending the books to me, Tang Jingling wanted me to have a better understanding of those who advocated the "non-cooperative movement," including those around me who were interested in that.

Based on identification photos, he identified Tang Jingling as the person who mailed him books and materials via Yuantong Express in mid-April 2014. He identified the books and materials that Tang Jingling mailed to Yang Doe to give to him.

32. Testimony of witness Hong Doepai: In April 2014, I received a Yuantong Express package sent to me by Tang Jingling. There were dozens of leaflets, which were about fundraising. The general content of the leaflets was that a friend was attacked by the government, so his friends and family were in financial need, and they asked for help from people who received the leaflets. There was also a special note at the back of the flier that you can participate in an audit of the fund if they collected donations and accumulated more than 1,000 yuan. It emphasized the need to distribute the fliers to others. After receiving the express package and found out that it was fundraising fliers I threw it away in a trash can in Zhongyu Industrial Park. I met Tang Jingling when I was in Guangzhou on WeChat on March 26, 2014. I learned from him from his remarks on WeChat and QQ groups, and I thought his views on society and the country were unbalanced. He was always talking about social disharmony and loved to talk about things like unfair treatment, and he especially praised the concept of non-violent civil non-cooperation. As I understand it, Tang Jingling’s "non-violent civil non-cooperation" is like this: for example, adopt a non-participation and non-cooperative attitude to the medical insurance system promoted by the government and through these practices bring about changes in the current ruling government and political party.

33. Testimony of witness Yin Doean: In 1983, I was sentenced to a fixed term imprisonment of three years for spreading reactionary propaganda. In 1996, I was sentenced to reeducation through labor for two years because of counter-revolutionary propaganda. In 2009, I met Tang Jingling at a dinner party. In mid-April that year, I received a batch of books and leaflets Tang Jingling sent me from Guangzhou. The contents of the books were probably designed to promote the "non-violent civil non-cooperation movement" and content about former Czech President Havel. There were about 7 or 8 books. I think the purpose of sending the books to me was to let me learn about and accept the ideology of "non-violent civil non-cooperation," and help him or her promote this ideology together. I think he promotes this kind of thought to improve the overall quality of the Chinese people. I believe that China today has no "citizens," only "enslaved people," and through the promotion of "non-violent civil non-cooperation" Chinese people could truly become citizens.


34. Testimony of witness Sun Doebao and identification records: In mid-April 2014, I received books and materials sent to me by Tang Jingling via Yuantong Express in Jinan City. The books were "Self-Liberation: A Strategic Planning Guide for Ending Dictatorship or Other Oppression," "Organizing: A Guide for Grassroots Leaders," one copy of "On Strategic Nonviolent Conflict: Thinking about the Fundamentals," and two copies of "From Dictatorship to Democracy." Tang Jingling upholds the ideological concept of a "Non-violent Citizens Non-Cooperation" campaign, which he often talks about online, and he publishes information about the non-cooperation of non-violent citizens such as Gandhi of India and Mandela of South Africa. He expressed his opposition to any person or organization using violent confrontation, and he praised the use of reconciliation, the legal system, and other methods to deal with problems. I agree with Tang Jingling's ideology of non-violent citizen non-cooperation.

Based on identification photos, he identified defendant Tang Jingling. He identified the books Tang Jingling mailed him.

35. Witness Lu Doechao and identification records: In mid-April this year, Tang Jingling said that there were some books he would send to me. After I received the package, I found that there were 10 books in it. There were 2 copies each of "Self-Liberation: A Strategic Planning Guide for Ending Dictatorship or Other Oppression," "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," "On Strategic Nonviolent Conflict: Thinking about the Fundamentals," and one copy of "Non-Cooperation Movement Fundraising Announcement" and two copies of "My '5-8-3 Action' for Honest Labor and a Decent Living." Tang sent me books hoping that I would understand the concept of "non-violent civil non-cooperation" and hoping that more people would agree with his viewpoint, change China's current system and the ruling position of China's ruling party. I thought the ideas were good, but his approach was radical.

Based on identification photos, he identified defendant Tang Jingling. He identified the books Tang Jingling mailed him.

36. Testimony of witness Chu Doejie and identification records: In mid-April, 2014, I received a package containing books and materials from Tang Jingling in Zaozhuang City through Yuantong Express. There were 15 books and materials, namely three copies each of "Self-Liberation," "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," and "On Strategic Nonviolent Conflict: Thinking about the Fundamentals." Tang Jingling's philosophy upheld a "non-violent civil non-cooperation" movement. I do not approve of the "non-violent civil non-cooperation" ideology he promoted, but I would support any ideology as long as it can promote the development of civil society, the maintenance of social equity and justice, and the rule of law.

Based on identification photos, he identified defendant Tang Jingling. He identified a total of 15 books Tang Jingling mailed him in mid-2014.

37. Witness Li Doemin: I met Tang Jingling on the Internet through Weibo, but I've never seen him. In mid-April this year, Tang Jingling said that he had something to send to me. Later, I received a total of three sets of books from Tang Jingling, each set had five books, namely "Self-Liberation," "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," and "On Strategic Nonviolent Conflict: Thinking about the Fundamentals." One set was taken by Zhang Yongning, and the other two sets I sent to two people in Xiamen: a Mr. Wu with online names "Big Cannon" and Gu Jian. I agreed the most with the concept of "non-violent civil non-cooperation" when it came to the "538" content relating to pension insurance. I know Tang Jingling sent me the books to promote his ideology of non-violent civil non-cooperation and to get myself and others to agree with his point of view, with goal of changing China's political system, the current government, and the ruling position of the Communist Party of China.

38. Witness Chu Doeqing and identification records: In mid-April 2014, I received two courier packages containing books and materials from Tang Jingling in Beijing via Yantong Express. There were ten books, namely two copies each of "Self-Liberation," "From Dictatorship to Democracy, "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," and "On Strategic Nonviolent Conflict: Thinking about the Fundamentals." Based on my interactions with Tang Jingling, Tang Jingling upholds a noble idea of a "non-violent civil non-cooperation" inaction movement. At the same time, Tang Jingling is a Christian and a brother in the Lord.

Based on identification photos, he identified defendant Tang Jingling.

39. Testimony of witness Chao Doeda and identification records: I received a courier package containing books and information from Tang Jingling via Yuantong Express in Tangshan City. The books in the package were "Self-Liberation," "From Dictatorship to Democracy," "Evil Axis," one copy of "Organizing: A Guide for Grassroots Leaders," "On Strategic Nonviolent Conflict: Thinking about the Fundamentals," and five copies of "Abolish Household Registration Segregation," and five copies of propaganda leaflets "Universal Basic Pension Action Declaration" and "My '5-8-3 Action' for Honest Labor and a Decent Living." Tang Jingling upholds a philosophy of a non-violent non-Cooperation movement. I did not participate in Tang Jingling's Non-Cooperation Movement fundraising activities, and I have never met Tang Jingling.

Based on identification photos, he identified the books and materials Tang Jingling mailed him.

40. Testimony of witness Li Doezhong and identification records: On April 14 this year, Tang Jingling said he was sending me some books. After I received it, I found that there were books and leaflets. The books were "Self-Liberation," "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," " Organizing: A Guide for Grassroots Leaders," and "On Strategic Nonviolent Conflict: Thinking about the Fundamentals." The leaflets were "Non-Cooperation Movement Fundraising Announcement," "Abolish Household Registration Segregation," "Generalized System of Basic Pension Action Declaration" and "My '5-8-3 Action' for Honest Labor and a Decent Living." There were 4 sets of 20 books, and there were about 50 leaflets. I put the aforementioned books and leaflets in my schoolbag and went to the Provincial Letters and Calls Office, The High People’s Court of Hunan, and the Intermediate People’s Court of Changsha, and on my own initiative distributed some materials I had printed myself, as well as the promotional leaflets sent by Tang Jingling. Some petitioners asked me for the books after seeing them in the schoolbags. I distributed all Tang Jingling's books, and there were 17 leaflets left.

Based on identification photos, he identified defendant Tang Jingling. He identified Tang Jingling as the person who mailed him the books and leaflets.

41. Witness Chen Doefei and identification records: I received books sent to me from Guangzhou by Tang Jingling via Yuantong Express on April 18, 2014. They were "Self-Liberation," "From Dictatorship to Democracy," "Breaking the Real Axis of Evil," "Organizing: A Guide for Grassroots Leaders," and "On Strategic Nonviolent Conflict: Thinking about the Fundamentals." There are two sets of ten books. I handed out these ten books to the passengers on a bus I took on April 19, 2014. I read those ten books. I thought the nation and its people would benefit from the content of these books.

Based on identification photos, he identified defendant Tang Jingling. He identified the books he received.

42. Witness Zhang Doe and identification records: Tang Jingling sent me five books in April. I most likely took a look at them. The content of the books mainly promoted "civil non-cooperation."

Based on identification photos, he identified defendant Tang Jingling. He identified the books Tang Jingling mailed him.

43. Witness Chen Doefu and identification records: In April of this year, I received a package sent by Tang Jingling from Guangzhou via Yuantong Express. It contained three sets of books, five in each set, and a few leaflets, which talked about fundraising. After receiving the books, I suppose I looked through them. Then I gave the books to Mo Jiangang, Liao Shuangyuan, and Zhang Chongfa in Guiyang. I know that Tang Jingling has always promoted the "civic non-violent civil non-cooperation" movement. My understanding is that the "non-violent civil non-cooperation" movement promoted by Tang Jingling adopts a non-cooperative approach to confronting government policies that are unreasonable or even wrong, as well as the illegal actions undertaken by the government in the process of administration and law enforcement, and in doing so promote the progress of democracy and rule of law in China.


Based on identification photos, he identified defendant Tang Jingling. He identified Tang Jingling as the person who mailed him the books.

44. Testimony of witness Zhang Doehong and identification records: On April 29th, I attended a dinner at the Mao Restaurant on Tiyu West Road, Tianhe District, Guangzhou. Someone put nine small yellow flags on the top of our table that night. The small yellow flags must have been brought by one of the people at our table. It was most likely Yuan Chaoyang who brought them, because while everyone was making introductions and speeches that night, Yuan Chaoyang said that he was promoting a "Non-Cooperation Movement," and that he would continue to adhere to it in the future. The content of the nine small yellow flags was the same, there was a "Non-Cooperation Movement" logo on the left side of the small yellow flag, and the text "Remember the Martyrs, Pursue Freedom 4.29 Lin Zhao Day of Action" on the right. Of these, I know the "Non-Cooperation Movement" logo was designed by Tang Jingling.

Based on identification photos, he identified defendant Tang Jingling. He identified defendant Yuan Chaoyang. He identified the small yellow flags.

45. Testimony of witness Luo Doeyang and identification records: I went to the Mao’s Restaurant for a party on April 29. Yuan Chaoyang (Yuan Xinting) stood up next to the table and asked everyone to introduce themselves before eating, and then said that today is "Lin Zhao Day," and that everyone should join in expressing some insights about Lin Zhao. Later, Zhang Doehong took out six banners with Lin Zhao's face printed on them that we had raised on April 25 and distributed them to others. At the same time, I saw someone had placed some small yellow flags on the top of Zhang Doehong's table, so I went over and took one from the table. At that time, I saw the small yellow flag had a "Non-Cooperation Movement" logo printed on it and the text "Commemorate the Martyrs Pursuing Freedom 4.29 Lin Zhao Day of Action." All of the people who participated in the dinner took a flag stood in three rows to take photos with the banners and the small yellow flags, and then everyone took photos in twos and threes with the small flags and banners. In addition to taking the photos to keep as souvenirs, the purpose was to post the photos on the Internet.

Based on identification photos, he identified defendant Yuan Chaoyang. He identified Tang Jingling. He identified the yellow flag as the small yellow flag that he took pictures with at the Mao Restaurant in Tianhe District on the evening of April 29, 2014 and posted on the Internet.

46. Witness Xu Doerong: On the afternoon of April 29, I went to the Mao’s Restaurant near Tianhe City for a dinner. That day was the anniversary of Lin Zhao’s death. This dinner event was mainly to commemorate Lin Zhao. Later, Yuan took out five or six small yellow flags with the words Lin Zhao printed on them, and 20 or 30 leaflets were distributed to the party participants. The content of the leaflets was mainly the image of Tang Jingling's face, and a brief introduction of the concept of "non-violent civil non-cooperation." Later, we took pictures of us holding up the small flags and some paper signs.

47. Defendant Tang Jingling's statement and justification and identification records: At around 5:00 pm on the afternoon of April 15, 2014, when I passed by the side of the road opposite the Shengdi Hotel on Guangzhou Avenue North in the Baiyun District, Guangzhou, I saw a stall called "Yiya Advertising." The signboard said it made signs, banners, silk screens, etc., so I went in and asked if a file could be made into bookmarks. After I entered the stall, I asked a somewhat obese woman who was about 30 years old sitting in front of the computer whether they could make bookmarks (length 15, 16 cm, width 4, 5 cm), the woman said yes, and then I took out a USB flash drive from my bag and gave it to the woman, and asked her to transfer the four patterns stored in the USB flash drive (a "Non-Cooperation Movement" logo, a "Lin Zhao black and white image," a "tank man" picture showing a person standing in front of three tanks, and a "Citizens Conscience Postcard" picture showing a red heart with wings flying toward an open hand). After copying it, the woman made two front and back bookmark templates on the computer. I instructed her to make three kinds of bookmarks.

The first type of bookmark placed the "Non-Cooperation Movement" logo and the "Lin Zhao black and white image" on the top of the front and back of the bookmark, respectively. The text "Please work with me to promote the Non-Cooperation Movement to bring democracy and freedom to China" was placed below the "Non-Cooperation Movement" logo. The text "Bookmark for the 46th anniversary of Lin Zhao's martyrdom" was placed at the bottom of the bookmark. The text "Freedom is priceless, life is boundless, and the jade is broken to die for China" under the "Lin Zhao's black and white image." "April 29 Seventh Lin Zhao Day of Action: 2008.429——2014.429" was placed at the bottom of the bookmark. Finally, the background color of the bookmark was changed to yellow.

The second type of bookmark placed the "Non-Cooperation Movement" logo and the "Citizens Conscience Postcard" picture at the top of the front and back of the bookmark. The text "Please work with me to promote the Non-Cooperation Movement to bring democracy and freedom to China" was placed below the "Non-Cooperation Movement" logo. The text "Postcards for Conscience Action Commemorative Bookmark" was placed at the bottom. The text "Write a letter, send postcards to those imprisoned in the cause of democracy and human rights, warm the hearts of prisoners of conscience!-Postcards for Conscience Action" was placed from left to right under the "Citizen's Conscience Postcard" picture "2014" was placed at the bottom of the bookmark. Finally, the background color of the bookmark was changed to pink.

The third type of bookmark placed the "Non-Cooperation Movement" logo and the "tank man" image on the top of the front and back of the bookmark. The text "Please work with me to promote the Non-Cooperation Movement to bring democracy and freedom to China" under the "Non-Cooperation Movement" logo. The text "June 4th Day of Contemplation Commemorative Bookmark 2007.4.26 Launch" was placed at the bottom. The text "First set June Fourth as your personal day of contemplation, determine your personal mode of action (wearing an obvious sign of mourning or asking for leave on your own, or holding a memorial ceremony in line with your personal cultural or religious habits, etc.), and then do your best to implement actions in individual or collective ways until this day becomes a legally designated Day of Contemplation (tentative name) in China" was placed under the "tank man" image. The text "The Eighth Session of the June 4th Day of Contemplation Action" was placed at the bottom of the bookmark. The background color of the bookmark was kept as white.

After the three bookmark templates were made, I asked the woman to make 2,000 of each bookmark and glue them on both sides. Then I pointed to a small colorful flag about 20 cm long and 13 cm wide on the wall of the stall. I asked the woman if she could make such a small flag, and she said yes. So I asked the woman to make an outline of a small flag on the computer, and then asked her to place the "Non-Cooperation Movement" logo on the left side of the flag, put the text "In Memory of the Martyrs Pursuing Freedom 4.29 Lin Zhao Action Day" on the right side of the small flag, change the background color of the small flag to yellow, and have 50 copies made.

After making the three kinds of bookmarks and small flag templates, I put down 400 yuan as a deposit with the woman, and arranged to pick up the goods at the stall on the afternoon of the 16th, after which I left "Yiya Advertising."

At 6:00 pm in the afternoon on April 16, I went to "Yiya Advertising" to get the bookmarks and small flags. After confirming that they were correct, I paid the remaining 550 yuan, and then walked away. I took the bookmarks and small flags and met Yuan Xinting at the Tianhe Passenger Transport Station and told him that I would be out for a while on the 17th, and gave him 10 small flags and dozens of bookmarks for him to send to people who needed them.

At about 7:40 pm that day I traveled to Yuangang Village. After getting off the bus, I distributed bookmarks and small flags to passing pedestrians in the crowded area of Yuangang Market. I also put the bookmarks in the mailboxes I saw to make it convenient for people to read them. After distributing the bookmarks and small flags in Yuangang for about an hour, I took the bus to Nanfang Hospital Station and distributed bookmarks and small flags to passing pedestrians near the station. I didn't go home until 10:00 pm that night. I didn't count how many bookmarks and flags were distributed on the evening of April 16. At noon on April 17th, I took the remaining bookmarks and small flags and rode the Guangzhou-Wuhan high-speed rail from South Station. After getting off the train in Wuhan, I bought a train ticket to Xi'an. I distributed bookmarks and flags to passing pedestrians at Wuhan Railway Station for three or four hours while waiting for the bus. I arrived in Xi'an on the morning of the 18th and stayed at the home of an online acquaintance who used the pen-name "Da Wang." I stayed for three nights. During those few days in Xi'an I distributed bookmarks and flags to passing pedestrians in squares, stations, and other places in Xi'an. Two small flags were also given to two online acquaintances who were gathering at a dinner party of online acquaintances.

On April 20th, I attended a lecture called "Sanqin Cultural Forum" jointly organized by lawyers and businessmen. In Xi'an, I finished distributing all the bookmarks, and only a few small flags remained. I left Xi'an on April 21 on a train to Zhengzhou, and stayed in Zhengzhou for two nights. On the afternoon of the 22nd, I met with a friend named Yuan Yuhua, and based on information from him I participated in a lunch party organized by local online acquaintances on Jing Er Road. I left Zhengzhou for Jinan on the 23rd and stayed there for one night. I met my friend Sun Doebao at noon on the 24th and attended a lunch gathering of local online acquaintances led by him, where I gave the last small flag to an online acquaintance at the gathering.

I left Jinan for Tai'an on the afternoon of the 24th, and attended a dinner party with a local online acquaintances on the evening of the 24th. I left Tai'an for Huzhou on the 25th and stayed in Huzhou for four nights.

On the 28th, I made two slogans on A3 paper in a typing shop in Huzhou, one of which read "Remember the Goddess of Freedom Lin Zhao," and the other read "Remember the Martyrs and Pursue Freedom 4.29 Lin Zhao Day of Action." I put these two slogans in my bag and prepared to take them out when I went to Lin Zhao's tomb. On the morning of the 29th, I took a car from Huzhou to Mudu Town, Suzhou to commemorate at Lin Zhao's tomb. On the same day I met some Internet users who came to commemorate Lin Zhao on the mountain where Lin Zhao’s tomb was located. When we walked to Han Shizhong’s tomb, we were taken back to the Xukou police precinct by public security personnel. At that time, I was taken back to police precinct with about 60 other people.

Making bookmarks and small colorful flags was something that just occurred to me when I went by "Yiya Advertising," and I didn't plan to make them before that. The "civil non-cooperation" sign on the bookmarks and flags consists of rotating blades composed of five colors. Red, white, and blue represent freedom, equality, and fraternity, green represents peace and environmental protection, yellow represents China's auspicious color, and the rotating blade represents a driving force. This logo was designed by me. I started designing it in 2012 and revised several versions during that period. The bookmark "Please join me in promoting the Non-Cooperation Movement, bringing democracy and freedom to China" is the Non-Cooperation Movement that I have been promoting seven days a week.

"Democracy and Freedom" refers to a symbol of conformance with the protections of the United Nations Covenant on Civil and Political Rights Covenant, that is, the protection of fundamental rights. The Chinese government itself does not think in terms of "freedom and democracy," so it has not ratified the United Nations Convention on Civil and Political Rights.

The "Citizen's Conscience Postcard" action involved writing letters and sending postcards to those imprisoned in the cause of democracy and human rights to warm the hearts of those prisoners of conscience. I sent them to Guo Feixiong, Xu Zhiyong, and others.

The "June 4th Day of Contemplation" was for each person to remember the history of June 4, 1989 in their own way on June 4th. I launched it online on April 26, 1997. At that time, I wrote an appeal letter about the June 4th Day of Contemplation, to the effect that everyone can remember that period of history on June 4th every year. Individuals can use their own mode of action, such as wearing a clear sign of mourning, or mourning in accordance with their personal values and religious habits. Each person starts with themselves, and then influences others, and jointly promote June 4th to become the national legally recognized day of contemplation. I think the truth of the June 4th incident has been covered up, and the histories of that time that I have seen are not complete. The photo of the "tank man" in the bookmark was a live photo from the June 4th incident. I downloaded it from the Internet. This photo has became a standard photo on the Internet, so I used it.

Based on identification photos, he identified the tweet "Non-violent action changes China..." as written and posted on Twitter by him.

48. Defendant Yuan Chaoyang's statement and justification and identification records: I met Tang Jingling on the Internet in 2006. Tang Jingling, Wang Qingying and I all believe in Christianity, but no church was willing to accept us. In the past, we would go to Tang Jingling’s home to meet and discuss matters relating to the "Non-Cooperation Movement." However, beginning in 2013 surveillance devices were installed downstairs from Tang Jingling's home, and security guards would register the ID cards of visitors. It became very inconvenient for us to enter and leave Tang's home. Tang Jingling once told us that his home might be bugged. Therefore, at the end of 2013 I proposed to Tang Jingling that I wanted to rent a house in Baiyun to facilitate future gatherings. After studying the Bible, Tang Jingling agreed with my idea of renting a house.

On April 3, 2014, Tang Jingling and I went to Yongtai to find a good house. On April 6, Tang Jingling and Wang Qingying came to No. 43 Zhihe Street together. Wang Qingying provided his ID card and rented 3006. The house rent is 1,450 yuan per month, and with management fees, utility bills, etc., it was about 1,500 yuan a month. At that time, we agreed that everyone should share the monthly room fee of 1,500 yuan, that is, 500 yuan per person per month. The deposit of 3,000 yuan was from Tang Jingling, and the key to the room was kept by Tang Jingling. The three of us were in the house on the day it was rented. Tang Jingling and I brought "Citizen non-cooperation Action Training" for study.

On April 10th, I received a message from Tang Jingling asking me to move books. We had an appointment to meet at Southern Medical University. When it came time to move things at 4 o'clock in the afternoon, I, Tang Jingling, Zhao Mowei, and Lao Zeng (the specific name is not clear) carried the books copied by Tang Jingling into the car, which was driven over by Zhao Mowei. I skimmed the books briefly. There were five kinds of books, "Organizing: A Guide for Grassroots Leaders," "From Dictatorship to Democracy," "Axis of Evil," "Self-Liberation," and "Thoughts on the Basic Principles of Strategic Nonviolent Conflict." The words and icons of the "Non-Cooperation Movement" were printed on the back cover of each book. I'd estimate there were about 400 volumes.

On April 13, Tang Jingling, myself, Xiao Doehui, Xu Doerong, and Yu Doeyuan gathered together in the rental house and studied the content of "Self-Liberation." After the gathering, Tang Jingling told me that I could come and accompany him to mail books the next day. I took a set of books before leaving. In addition to the books, I also saw a scroll, which was probably the banner that Tang Jingling raised at the end of March. In addition, there are also some pamphlets, and the content was "Universal Basic Pension Action Declaration," "My '5-8-3 Action' for Honest Labor and a Decent Living," and "Abolition of the Household Registration Segregation Action."

On the morning of April 14, I went to the rental house and together with Tang Jingling, moved the books to the courier company for mailing. When mailing the books, Tang Jingling filled out the book delivery forms at the courier company. While I moved the books, Tang Jingling filled out the book delivery forms at the courier company. After I finished moving, I helped to pack the books. At that time, there were about 30 mailing addresses. Some of them were for one copy, and some were for several copies. About 60 packages were sent, and there were more than 300 volumes in total. It wasn't clear to me who the recipients were. The final mailing fee was paid by Tang Jingling, which was about 800 yuan.

At 7:00 pm on April 16, Tang Jingling asked me to meet at Tianhe Bus Terminal. After meeting him I saw he was carrying some small boxes, and he said they were bookmarks. We then went to the rental house in Yongtai together and placed the items brought by Tang Jingling in the rental house. Later, I also found some yellow small flags, and the contents of the bookmarks and small flags included three kinds of bookmarks: "Lin Zhao’s 46th Anniversary of the Martyrdom Commemorative," "June 4th Day of Contemplation Commemorative," and "Postcards for Conscience Action Commemorative," and small yellow flags with the words "Remember the Martyrs and Pursue Freedom 4.29 Lin Zhao Day of Action." The key to the rental house was always kept by Tang Jingling. On April 17, the key was handed over to me for safekeeping after Tang left Guangzhou. Before I took over, there were fliers, banners, and other propaganda materials in the house. I guess it was Tang Jingling who brought them, but I don’t know exactly when they were made.

Tang Jingling left Guangzhou in mid-April. Around April 20th, Tang Jingling sent me a message via Viber and asked me to send some bookmarks to a person named Luo in Xi’an. I forgot the specific name. Then I mailed three kinds of bookmarks in the name of Tang Jingling: "Lin Zhao’s 46th Anniversary of the Martyrdom Commemorative," "June 4th Day of Contemplation Commemorative," and "Postcards for Conscience Action Commemorative," to the address in Xi'an provided by Tang Jingling, there was a total of 300 bookmarks.

In mid-April, I took the initiative to distribute three kinds of pamphlets: "Universal Basic Pension Action Declaration," "My '5-8-3 Action' for Honest Labor and a Decent Living," and "Abolition of the "Household Registration Segregation Action." There were a total of 19 copies.

On April 29, I brought to a dinner at the Maojia Restaurant on Tiyu West Road 10 "Remember the Martyrs and Pursue Freedom 4.29 Lin Zhao Day of Action" small yellow flags, and about 30 copies of the "Five-eight-Three' Action," The "Basic Pension Action Declaration" and "Abolition of the Household Registration Segregation" pamphlets, and dozens of bookmarks. They were distributed at the gathering that night. I usually took these bookmarks with me and distributed them to friends in Guangzhou. I have sent about 40, 50 copies, mainly to this circle of my friends. The pamphlets were mainly used to promote the ideas of the aforementioned three people's livelihood activities. There were about 150 copies sent to Tang Jingling's friends outside of Guangdong Province. The purpose of mailing books and personally distributing pamphlets was to spread the ideological concepts of the non-cooperation movement to more people.

The goal of the "civil non-cooperation movement" was to use moderate, rational, and non-violent means to express political and various other demands in order to reduce the social costs of the process of moving towards democracy, and thereby bring about a democratic and free China. I dare not answer the question of with whom "citizens non-cooperation" is not cooperating with, because I am afraid of going to jail. According to the relevant laws of the People's Republic of China, anyone advocating a social system other than socialism will be suspected of illegal or criminal activity. The social system I yearn for is in conflict with the current social system. I advocated "separation of powers" on the Internet, which is out of sync with the actual social situation.

Based on identification photos he identified witness Zhao Doewei, and identified witness Zeng Doe as Old Zeng.

49. Defendant Wang Qingying's statement and justification and identification records: At the beginning of April this year, either Yuan Chaoyang or Tang Jingling contacted me by phone to go to Yongtai and said that they were planning to rent a house. After we met, Yuan Chaoyang said to rent a house with my ID card. I agreed and one of Yuan Chaoyang or Tang Jingling paid the rent, I don’t remember specifically who paid it. I went to the room and took a look and went home without taking the key. I haven't been to this rented room again after I signed the contract. It wasn't until the public security personnel took me from the company where I worked to search for some books and cards in room 3006 on May 16 that I became aware that there were these things in the rental house. After I went to the scene, I had the impression that there were 15 to 20 boxes of cards, and there was nearly one box of related printed documents. I saw the face of Lin Zhao in the content of the cards, and I did not clearly see what was in the related printed matter. The "Organizing: A Guide for Grassroots Leaders," "From dictatorship to democracy," "Self-liberation," "On Strategic Nonviolent Conflict: Thinking about the Fundamentals," "Breaking the Real Axis of Evil" and other books and pamphlets seized at the scene may have been placed there by Yuan Xinting. I only became aware that these books and pamphlets were in the house the day I was arrested. I did not participate in printing, transporting, and mailing "Organizing: A Guide for Grassroots Leaders," "From dictatorship to democracy," "Self-liberation," "On Strategic Nonviolent Conflict: Thinking about the Fundamentals," "Breaking the Real Axis of Evil" and other books, and pamphlets, and I don’t know who carried out the printing, transporting, and mailing. In March and April 2014, Tang Jingling sent me the draft of the aforementioned Non-Cooperation Movement fundraising announcement via WeChat, or I saw it on WeChat. I downloaded it to my computer, edited it and forwarded it to Big Brother Zhang (probably Zhang Xingxing) via WeChat or QQ (the number is 27261478), soliciting his opinions, but he did not give me opinions. The content of this draft was for fundraising, and the purpose was to promote the non-violent Non-Cooperation Movement, one of the initiators and advocates was Tang Jingling. After identifying the photos, he signed and affirmed that the article collected from his computer was the Tang Jingling Non-Cooperation Movement fundraising announcement consisting of 10 pages. It was he who sent it to Brother Zhang and asked for his opinion.

This Court finds defendants Tang Jingling, Yuan Chaoyang, and Wang Qingying disregarded national laws and incited subversion of state power and the overthrow of the socialist order by compiling, printing, and disseminating illegal publications and promotional materials, and their actions constitute the commission of the crime of inciting subversion of state power, and in accordance with the law shall be punished. With respect to the public prosecution agency's charges, the facts are clear and the evidence is reliable and copious, the offense is establish, and shall be sustained. As regards the opinion proffered by the three defendants and their defense counsels that advocating actions based on the concept of "non-violent civil non-cooperation" does not constitute the commission of the crime of inciting subversion of state power, an investigation found that defendant Tang Jingling first raised the concept of a "Non-Cooperation Movement" and subsequently initiated, organized, and participated in many inflammatory activities, and compiled, printed, and disseminated a series of "Non-Cooperation Movement" books and other propaganda pamphlets. Defendant Yuan Chaoyang actively assisted defendant Tang Jingling in the printing and mailing of the series of "Non-Cooperation Movement" books and other propaganda pamphlets, and distributed propaganda materials separately. Defendant Wang Qingying actively participated in the activities organized by Tang Jingling, and rented a house in his own name with Tang Jingling and Yuan Chaoyang as a book storage and study meeting venue. Defendant Tang Jingling compiled and printed "Breaking the Real Axis of Evil" and others in a series of "Non-Cooperation Movement" books with contents inciting subversion of state power and the overthrow of the socialist order, going so far as to make proposals for a series of specific implementation steps, methods, and actions to overthrow the leadership of the Chinese Communist Party and subvert the socialist system. The three defendants sent the aforementioned books and pamphlets to all parts of the country for dissemination, and their actions meet the subjective and objective conditions for committing the crime of inciting subversion of state power, all of which constitute the commission of the crime of inciting subversion of state power. Therefore the aforementioned defense opinions do not comport with facts and are not accepted by this Court.

As regards the opinion proffered by the three defendants and their defense counsels that the illegal activities undertaken prior to 2011 set forth in the indictment cannot be deemed as basic facts in the case, an investigation found that in 2011 an investigation opened into defendant Tang Jingling and Yuan Chaoyang, which was subsequently revoked. The aforementioned opinion rationale is established, and is accepted by this Court.

As regards the opinion proffered by defendant Yuan Chaoyang and his defense counsels that after defendant Yuan Chaoyang was brought to justice, he truthfully explained the facts, and the opinion proffered by defendant Wang Qingying and his defense counsels that his participation was relatively minor, and investigation found that this is true, and is accepted by this Court.

Based on the criminal facts, nature, circumstances, and social harm in this case, in accordance with the provisions of Articles 105(2), 55(1), 56(1), 61, and 64 of the "Criminal Law of the People's Republic of China" the judgment is as follows:

1. Defendant Tang Jingling committed the crime of inciting subversion of state power, and is sentenced to a fixed term imprisonment of five years and three 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 April 30, 2014 to April 29, 2019).

2. Defendant Yuan Chaoyang committed the crime of inciting subversion of state power, and is sentenced to a fixed term imprisonment of three years and six months and two 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 May 16, 2014 to November 15, 2017).

3. Defendant Wang Qingying committed the crime of inciting subversion of state power, and is sentenced to a fixed term imprisonment of two years and six months and one year 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 May 16, 2014 to November 15, 2016).

4. The tools, computers, books, pamphlets, and propaganda materials involved in the case taken into custody (for details see the public security agency's seizure list) shall be confiscated and destroyed (to be implemented by the seizing agency the Public Security Bureau of Guangzhou).

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 Guangdong. A written appeal should be submitted with one original and two copies of the appeal brief.

This copy has been compared to the original and there are no discrepancies.

Chief Adjudicator    Ding Yangkai
Acting Adjudicator    Chen Shaobo
Acting Adjudicator    Wang Jing

Clerks Liao Yanjie/Ni Haixin/Guo Xiuping/Luo Xiaolei/Guo Xin

广东省广州市中级人民法院

刑事判决书

(2015)穗中法刑一初字第167号


公诉机关广东省广州市人民检察院。

被告人唐荆陵,男,1971年10月28日出生,身份证号码422421197110282519,汉族,湖北省江陵县人,文化程度大学,户籍住址广东省汕头市龙湖区新津街道龙湖丽日庄西区32幢606房。因本案于2014年4月30日被拘传,同年5月16日被刑事拘留,同年6月20日被逮捕。现羁押于广州市第一看守所。

辩护人葛永喜,广东安国律师事务所律师。
辩护人燕  薪,北京来硕律师事务所律师。

被告人袁朝阳,笔名“袁新亭”,男,1971年5月6日出生,身份证号码510902197105067716,汉族,四川省遂宁市人,文化程度大学专科,户籍住址四川省遂宁市安居区磨溪镇南北街上段26号。因本案于2014年5月16日被刑事拘留,同年6月20日被逮捕。现羁押于广州市第一看守所。

辩护人文东海,湖南湘和律师事务所律师
辩护人胡新范,广东德法理(北京)律师事务所律师。

被告人王清营,男,1 982年3月1日出生,身份证号码   411329198203013155,汉族,河南省社旗县人,文化程度研究生,户籍住址河南省社旗县郝寨镇民主路。因本案于2014年5月16日被刑事拘留,同年6月20日被逮捕。现羁押于广州市第一看守所。

辩护人冉彤,四川川卓律师事务所律师。
辩护人吴魁明,广东金启律师事务所律师。

广东省广州市人民检察院以穗检公一刑诉( 2014)604号起诉书指控被告人唐荆陵、袁朝阳、王清营犯煽动颠覆国家政权罪,于201 5年4月29日向本院提起公诉。本院受理后,依法组成合议庭,公开开庭审理了本案。广州市人民检察院指派检察员侯向东、代理检察员朱珈琳出庭支持公诉,被告人唐荆陵及其辩护人葛永喜、燕薪,被告人袁朝阳及其辩护人文东海、胡新范,被告人王清营及其辩护人冉彤、吴魁明到庭参加诉讼。本案现己审理终结。

公诉机关指控:自2006年开始,被告人唐荆陵出于对中国现行的民主、选举等制度和社会现状的不满,为了宣扬、传播“公民不合作运动”理念,被告人唐荆陵、袁朝阳、王清营等人,通过发起、组织、参加“穿文化衫爬白云山”、 “4.29”林昭纪念日、“5000天告别专制倒计时”、“六四二十周年追思会”、“八毛钱赎回选票”、签署“08宪章”、“公民不合作筹款”、“民心片行动”等一系列非法活动以及在互联网上发布《粉碎邪恶轴心》、《草根群众组织》等具有煽动颠覆国家政权、推翻社会主义制度的文章,公然鼓动他人参与  “公民不合作运动”的非法活动。

2014年4月6日,为方便聚会、学习和研讨“公民不合作运动”,被告人唐荆陵、袁朝阳、王清营经商议后,以被告人王清营名义租赁了广州市白云区永泰致和街143号3006房,用于聚会、学习《粉碎邪恶轴心》、《草根群众组织》等“公民不合作运动”系列丛书的非法交流场所。为了使“公民不合作运动”理念能被广泛传播,2014年4月10日,被告人唐荆陵对上述系列丛书编辑后,委托广州市白云区同和大洋图文南医大店,印制了《粉碎邪恶轴心》、《草根群众组织》、《自我解放·终结独裁政权或其他压迫的行动战略规划指南》、《论战略性非暴力冲突:关于基本原则的思考》等“公民不合作运动”系列丛书共500余本、  “废除户籍隔离行动”、“普惠制基本养老行动宣言”、“我的‘五八三’行动,诚实地劳动,体面的生活”等宣传单共300余张。随后,被告人唐荆陵、袁朝阳等人将印制好的上述系列丛书、宣传单等物运至广州市白云区永泰致和街143号3006房存放。

为了进一步宣扬、传播“公民不合作运动”理念,2014年4月14日,被告人唐荆陵、袁朝阳一起去到广州市白云区磨刀南街96号圆通速递公司,将上述印制好的系列丛书、宣传单邮寄到全国多个省、市地区,给一些曾经因涉及危害国家安全受处罚的人员,以达到煽动颠覆国家政权、推翻社会主义制度的目的。

2014年4月15日,被告人唐荆陵去到广州市白云区广州大道北“艺雅广告”店,印制了带有“民心片行动纪念书签”、 “六四静思节行动纪念书签”、“林昭殉难46周年纪念书签”等字样的书签共6000张、带有“缅怀先烈,追寻自由4.29林昭日行动”字样的彩旗共50面。此外,被告人唐荆陵、袁朝阳还通过聚会等多种形式,向认同“公民不合作运动”理念的  “民主人士”派发上述书签、彩旗等物,进一步煽动颠覆国家政权,推翻社会主义制度。

案发后,公安机关在被告人唐荆陵、袁朝阳、王清营共同租赁的广州市白云区永泰致和街143号3006房和被告人唐荆陵、袁朝阳的住所,分别查获《粉碎邪恶轴心》、《草根群众组织》、《自我解放·终结独裁政权或其他压迫的行动战略规划指南》、《论战略性非暴力冲突:关于基本原则的思考》等“公民不合作运动”系列丛书以及宣传单、书签、彩旗等物。经鉴定,以上5种非法出版物是“公民不合作运动”系列丛书,应定性为严重政治错误的非法出版物。

为证明上述事实,公诉机关在庭审中出示并宣读了查获的“公民不合作运动”系列丛书、电脑等物证,证人证言,勘验、检查、辨认笔录,文件鉴定书等鉴定意见,电子光碟,以及被告人唐荆陵、袁朝阳、王清营的供述和辩解等证据。

公诉机关认为,被告人唐荆陵、袁朝阳、王清营以造谣、诽谤等方式煽动颠覆国家政权,推翻社会主义制度,其行为共同触犯了《中华人民共和国刑法》第一百零五条第二款,应当以煽动颠覆国家政权罪追究其刑事责任。提请本院依法判处。

被告人唐荆陵及其辩护人提出的辩护意见为:1.被告人唐荆陵宣扬“非暴力不合作”理念的行动不构成煽动颠覆国家政权罪;2.被告人唐荆陵的言行未超越我国《宪法》规定的权利范畴;3.没有相关证据可以指证被告人唐荆陵等人使用了造谣、诽谤或其他形式煽动颠覆国家政权、推翻社会主义制度。综上,被告人唐荆陵不构成煽动颠覆国家政权罪,请求法院宣告其无罪。

被告人袁朝阳及其辩护人提出的辩护意见为:1.被告人袁朝阳等人宣扬“非暴力”思想,主观上没有煽动颠覆国家政权的故意,客观上没有以造谣、诽谤等方式实施相关犯罪行为,也没有造成危害后果;2.被告人袁朝阳归案后,如实交代涉案事实,且在本案中所起的作用有限。综上,被告人袁朝阳的行为不构成煽动颠覆国家政权罪,请求法院宣告其无罪。

被告人王清营及其辩护人提出的辩护意见为:1.被告人王清营等宣扬“非暴力”思想理念不构成犯罪;2.三被告人2011年前进行的非法活动不能作为本案的基本事实认定;3.被告人王清营参与程度较轻,除了为唐荆陵、袁朝阳租房外,没有实施其他行为。综上,被告人王清营的行为不构成煽动颠覆国家政权罪,请求法院宣告其无罪。

经审理查明:2014年4月6日,为方便聚会、学习和研讨“公民不合作运动”理念,被告人唐荆陵、袁朝阳、王清营经商议后,以被告人王清营名义租赁了广州市白云区永泰致和街143号3006房,作为聚会、学习  “公民不合作运动’’理念的非法交流场所。为使  “公民不合作运动’’理念能被广泛传播,同年4月10日,被告人唐荆陵将《粉碎邪恶轴心》、《草根群众组织》、《自我解放·终结独裁政权或其他压迫的行动战略规划指南》、《论战略性非暴力冲突:关于基本原则的思考》等“公民不合作运动”系列丛书编辑后,委托广州市白云区同和大洋图文南医大店,印制了500余本o.此外,还印制了“公民不合作运动”的宣传单300余张。随后,被告人唐荆陵、袁朝阳等人将印制好的上述系列丛书、宣传单等物运至广州市白云区永泰致和街143号3006房存放。同年4月14日,被告人唐荆陵、袁朝阳一起将上述印制好的系列丛书、宣传单,广泛邮寄给曾经因涉及危害国家安全受过处罚的人员。同年4月1 5日,被告人唐荆陵又印制了“民心片行动纪念书签”、“六四静思节行动纪念书签”、“林昭殉难46周年纪念书签”等书签共6000张,定制了“缅怀先烈,追寻自由4.29林昭日行动”彩旗共50面,被告人唐荆陵、袁朝阳通过聚会等多种形式,向有关人员派发上述书签、彩旗等宣传品,以达到煽动颠覆国家政权、推翻社会主义制度的目的。

案发后,公安机关在被告人唐荆陵、袁朝阳、王清营共同租赁的广州市白云区永泰致和街143号3006房和被告人唐荆陵、袁朝阳的住所,分别查获《粉碎邪恶轴心》、《草根群众组织》、《自我解放·终结独裁政权或其他压迫的行动战略规划指南》、《论战略性非暴力冲突:关于基本原则的思考》等“公民不合作运动”系列丛书以及宣传单、书签、彩旗等物。

上述事实,有由公诉人当庭举证,并经法庭质证,本院予以采信的下列证据证实:

1.广州市公安局白云区分局出具的受案登记表、到案经过证实:广州市公安局白云区分局京溪派出所于2014年4月15日17时24分接报.该所民警在工作中发现唐荆陵在白云区京溪街广州大道北梅花园梅兴街2号艺雅广告店,定做大量纪念“民主人士林昭”书签,准备聚众派发。遂后公安侦查人员将唐荆陵、袁朝阳、王清营抓获归案。

2.被告人唐荆陵、袁朝阳、王清营户籍证明证实三人均为完全刑事责任能力人及上述的其他身份情况。

3广州市公安局白云区分局出具的搜查证、搜查笔录,以及扣押物品清单证实:

(1)广州市公安局白云区京溪派出所民警对白云区永泰致和街143栋3006房进行搜查,扣押的物品有:林昭殉难46周年纪念书签1000张、林昭殉难46周年纪念书签240张、六四静思节行动纪念书签1200张、民心片行动纪念书签1150张、民心片行动纪念书签240张、  “缅怀先烈追寻自由,四二九林昭日行动”条幅7张、‘4.29’林昭日行动“小旗40条、“缅怀先烈追寻自由,四二九林昭日行动”宣传单19张、书籍《自我解放》8本、书籍《从独裁到民主)》8本、书籍《粉碎邪恶轴心》8本、书籍《草根群众组织》8本、书籍《论战略性非暴力冲突:关于基本原则的思考》8本、《公民不服从行动培训》11册、《非暴力行动战术训练手册汾14册、《非暴力抗争训练营友手册》4册、《群体性时间组织手册》1册、《公民不合作运动筹款公告》宣传单张30张、“废除户籍隔离行动”宣传单张276张、“我的五八三诚实地劳动,体面的生活”宣传单张658张、“惠普制基本养老金行动宣言”单张249张、“谴责北京特务当局暴行痛悼人权卫士曹顺利”横幅l张、“推动公民不合作运动带来民主和自由的中国”横幅l张、“揭开幼儿喂药真相。中国父母要猛醒”横幅1张、苹果4手机1台。

(2)广州市公安局白云区京溪派出所民警在广州市白云区京溪横路68号对唐荆陵人身进行搜查。民警在其随身携带的挎包内查获16张分别印有“缅”“怀”“自”  “由”“女”“神”“林”“昭”字样的纸质单张及印有“缅怀先烈追寻自由四二九林昭日行动”字样的纸质单张,民警遂将涉案物品扣押。

(3)广州市公安局白云区京溪派出所民警在广州市白云区麒麟岗南路l号404房唐荆陵家进行搜查后,扣押的物品有:电脑主机一台(组装机)、手机一部(黑色华为)、手机一部(黑色SONY)、数码相机一部(三星数码相机)、笔记本电脑一台(黑色联想笔记本电脑)、硬盘一个、手机一部(黑色NOKIA)、书籍及纸张。

经辨认照片,被告人唐荆陵对上述扣押的小彩旗、书签、标语照片进行了签认。

(4)广州市公安局白云区京溪派出所民警广州市白云区棠景街岗贝路107号501房、白云区太和镇龙归北村九龙花园金龙阉B座袁朝阳家中进行搜查,扣押的物品有:《草根群众组织》3本、《从独裁到民主》2本、《论战略性非暴力冲突:关于基本原则的思考》3本、《粉碎邪恶轴心》3本、《自我解放》3本;书签14张;宣传单9张,(各类)、《我的“五三八行动”诚实地劳动,体面的生活》70张、《普惠制基本养老行动宣言》34张、《废除户籍隔离制度》36张、《公民不合作运动筹款公告》、《非暴力抗争训练》33张、《公民不服从行动培训》l本、《非暴力行动战术训练手册》1本;《自制手册》1份;平板电脑l台;移动电话6台(三星l台、联想4台、MORAL1台);无线网卡1个;优盘2个;手提电脑1台(神舟牌);钥匙1条(贴3006房标签,门禁一个);友谊公寓专用收据1张(合同编号1389386)。

(5)广州市公安局白云区京溪派出所民警在番禺区石基镇小龙大街25号王清营居住地进行搜查,扣押的物品有:笔记本电脑1台(DELL牌)、台式电脑主机1台、苹果牌IPHONE5S手机l台、移动U盘1个、纸质资料若干(“对当前我国若干重大问题的意见”、“革命路线图”等)、银行卡2张(中国农村银行银行卡6228480088185534372、广州农村商业银行银行卡622439810012136408)、护照、通行证、档案各1本(均系王清营所有)、移动硬盘1个。

4.广州市公安局电子数据检验鉴定实验室出具的穗公网勘(2014)304号电子证物检查笔录、勘验检查照片记录表、提取电子证据清单和光盘证实:

(1)对唐荆陵的住所白云区麒麟岗南路1号404房扣押的l台电脑主机、l台笔记本电脑、3台手机、l台数码相机进行检查。 ①对送检电脑主机进行检查,该硬盘划分4个逻辑分区.在第三逻辑分区提取到179个doe格式的文件、2个xls格式文件、2个txt格式的文件、1个pdf格式的文件、1个rar格式压缩文件、3个JPg格式的文件,其内容含有“零八宪章”、  “公民不合作运动LOGO"、  “螺山农民维权宣言”、“自由选择”等字样。在第四个逻辑分区提取到2个doe格式的文件、1个目录名为“fg740p骨的文件夹。其内容含有“自由门7.37版”、“无界浏览测试版12.07b"等字样。②对送检的笔记本电脑进行检查,该硬盘划分4个逻辑分区。在第一个逻辑分区提取到6个doe格式文件、2个exe格式文件,其内容含有“429林昭日行动亲历记”、“口述记录oi06"等字样。在第三个逻辑分区提取到2个xls格式文件,其内容含有“13年429林昭日行动部分好友”等字样。在第四个逻辑分区提取到11个JPg格式文件、1个doe格式文件、2个exe格式文件,其内容含有“炎黄春秋2013贺词”等字样。在该硬盘提取到4个文件,其内容含有“ginlian”、“中园”, “雉槎”,“律断”等字样。③对送检的数码相机进行检查,相机内装有1个品牌为SanDisk,容量为32GB的Micro SD存储卡。该存储卡提取到41个JPg格式文件、2个mp4格式文件,其内容含有“推动公民不合作运动带来民主和自由的中国”等字样。

(2)对袁朝阳的住所白云区岗贝路107号501房扣押的l台笔记本电脑、6台手机、1台平板电脑、1个U盘进行检查。对送检的笔记本电脑进行检查,硬盘划分4个逻辑分区。在第二个逻辑分区提取到7个doe格式文件、55个JPg格式文件、4个png格式文件,其内容含有“公民聚会发言建议一、  “蓝丝带劳动者权益行动(试行版)”、  “冼村宣言”等字样。

(3)对王清营住处广州市番禺区石基小龙大街25号缴获的电脑主机、笔记本电脑、手机、U盘、移动硬盘进行检查。其中对送检的笔记本电脑进行检查,该硬盘划分6个逻辑分区。在第三个逻辑分区提取到27个doe格式文件,其内容含有“论暴力与非暴力”、  “学术救国说”等字样。在第五个逻辑分区提取到目录名为“群文件”、  “手机相册”的文件夹。其内容含有“公民不合作在中国"、  “自由公民进行曲”等字样。对送检的u盘进行检查。该u盘提取到目录名为“见证”、  “近日文章”的文件夹,其内容含有“非暴力抗争一种更强大的力量(全本)”、  “公民运动理论与实践”、  “非暴力不合作运动指引”等字样。对送检的移动硬盘进行检查,在第一个逻辑分区提取到  “如何推进民主力量”、“中国的民主之路”、“大地(89年六四民主歌声献中华)等字样。

(4)广州市公安局电子数据检验鉴定实验室出具的穗公网勘[20141561号远程勘验笔录、固定电子证据清单、远程勘验对象、附件和光盘证实对被告人唐荆陵所使用的推特账号进行的远程勘验的情况:浏览网上的内容,对该勘验过程作屏幕截图49幅,节选其中2幅打印(唐荆陵写的二篇“世界人权日和08宪章发布五周年竹、  誓五千天告别专制倒计时”文章)。

(5)广州市公安局电子数据检验鉴定实验室作出的穗公网勘( 2014)560号远程勘验笔录、固定电子证据清单、附件和光盘证实:对被告人王清营网上活动进行远程勘验,对远程勘验对象的内容进行勘验,浏览网页上的内容,对该勘验过程作屏幕截图105幅,节选其中3幅打印:  “王清营的日记”、“什么是爱国主义?”和“中国往何处去之一一资金外逃”等文章。

(6)广州市公安局电子数据检验鉴定实验室出具的穗公网勘( 2014) 282号远程勘验笔录、固定电子证据清单、远程勘验对象、附件和光盘证卖:对被告人唐荆陵所使用的推特账号进行远程勘验,对远程勘验对象的内容进行勘验,对该勘验过程作屏幕截图:包括唐荆陵发表的五千天告别专制行动、非暴力不合作、民心片行动、达赖尊者的视频讲话和六四静思节发起七周年、429椿昭日行动、法轮功维权等方面文章。

5.广州市公安局白云区分局调取的白云区永泰致和街143号3006房的房屋租赁合同、承租人身份证复印件、押金收据、租金收据和水电使用情况登记证实:被告人王清营承租友谊电梯公寓租用3006房及3006房的水电使用登记情况。

6.广州市公安局白云区分局出具的调取证据通知书、调取证据、清单、光盘和视频截图证实:南方医科大学学生公寓马路视颇藏图,显示4名男子在一辆小汽车后尾箱搬东西。证人赵某伟、熊某广签认视频截图为搬书现场。

7.广州市公安局白云区分局出具扣押决定书和扣押清单证实:

分别从赵某伟、余某元、李某位、陈某频、陈某伟、熊平波、程某瑞、张某林、罗某明、杨某处、郭某良、释性慧、尹某安、黎某君、孙某宝、吕某超、褚某界、张某宁、晁某海、李某忠、张某处、陈某富等人处扣押的《粉碎邪恶轴心》、《草根群众组织》、《自我解放》、《论战略性非暴力冲突:关于基本原则的思考》、《从独裁到民主》等大量书籍、宣传单张。上述五种书籍均是由唐荆陵等人通过广州圆通速递公司邮寄出的,并有唐荆陵亲笔书写的要求将书分给邹某、胡某、昝某宇、王荣清等人的纸条一张。

8.广东省广州市公安司法鉴定中心作出的穗公(司)鉴(文检)字【201412 34号广东省广州市公安司法鉴定中心文件鉴定书证实:送检的写有内容为“以上资料共五套……”的字迹和单号分别为“7470903619"等29单《圆通速递(详情单)》上“寄件人信息、寄件人签名、收件人信息”栏书写的字迹(红色框内字迹除外)与送来落款署名为“唐荆陵’’的样本字迹(红色框内字迹除外)是同一人书写的。

9.证人姚某芳的证言及辨认笔录证实:在2014年4月6日下午16时许,我一人在友谊电梯公寓一楼的办公室,有三名中年男子走进办公室说要租房,并要求看房,于是我就带那三名中年男子到3006房看房,看完房后那三名男子说要租房。我问他们几人租房,他们三人当中一名比较年轻约30岁,戴眼镜的男子从身上拿出身份证给我,就说他一个人租,于是我就从办公桌里拿出公寓出租的《房屋租赁合同》给那名租房的男子看并签字,那名签字的男子名叫王清营。签完合同后那三名男子当中最矮的那个男子从身上直接拿现金出来支付一个月的房租1450元和房内家电押金2950元,我在开出两张收据给他们后,他们拿拿了3006房的钥匙就离开了。3006房承租后,我很少看到承租人来住,我没有印象王清营来住过。3006房5月,该房用了21度电,用了3吨水,4月用了4度电,2吨水。这样的消耗肯定不是正常租户的使用量,正常来说最少都有40度电。一开始我以为是水表电表坏了,后来我问了交房租的男子,他说他们出差比较多,住得较少,我听后就没继续问了:今年5月初我见到当时支付房租和押金的那名男子来过3006房几次,都拿着一个环保袋上3006房,然后停留不久就离开了。在2014年5月3日下午1 8时许,那名支付房租的的男子拿着两个环保袋走进我的办公室,并交了3006房5月份的房租,我开了收据给那名男子后,其就拿着两个袋子上了3006房,何时离开的我不知道。之后再没见到过那三名男子出现过。

经辨认照片,其辨认出唐荆陵是2014年4月6日与王清营和另外一名男子一起到租用3006的男子,当时戴着黑边眼镜;辨认出袁朝阳是2014年4月6日与王清营一起承租3006房的男子,当时出钱支付房租和押金,也出钱支付3006房5月的租金,并几次拿着袋子到3006房;辨认出王清营是2014年4月6日和另外两中年名男子租用3006房的男子。

10.证人徐某荣的证言:2014年4月12日晚,袁新亭通过viber约我隔天下午14时许在永泰地铁站出口见。4月13日下午14时许,袁新亭在永泰地铁口等我,他见到我后说还有另外两个朋友,大约十分钟左右我们接到另外两名男子,一个是肖某辉(网名“另一个辉辉”),一个是余某元。袁新亭领着我们步行约10分钟至附近城中村的一栋七八层公寓三楼的一套单间,进房后我见到唐荆陵在等我们。我们五个人在客厅坐下聊天,个人自我介绍。而后唐荆陵给我们每人派发一本书,书的内容是关于宣扬非暴力不合作理念、如何与政府抗争等。唐荆陵让每人朗读一段书中的内容,然后个人围绕此书发表自己的观点看法,主要是认为表达诉求采取非暴力的方式要比暴力方式好,更容易得到支持。我们在屋内逗留了两个多小时,离开的时候还不到下午五点。唐荆陵还建议我们把书带走,我没有拿书,我记得其他人也没有拿,唐就把五本书收回房间。袁新亭说该出租屋是他自己租下的,平时很少在这里居住,只是由于经常被警察驱赶所以把这里作为备用住所。该出租屋是一房一厅格式,有基本的家具电器,房闾内有一张床铺。

11.证人余某元的证言及辨认笔录:我认识唐荆陵有一年多了,我们先是从网上认识后再见面认识的,之后在唐荆陵的介绍下认识袁朝阳。我曾与他们两人见面吃饭几次。我记得清楚的有两次,第一次是在今年4月初,那天唐荆陵、袁朝阳约我在黄石西路见面吃饭,第二次见面时在今年4月13日下午,当天我收到不记得是唐荆陵或袁朝阳的信息称他们在白云区永豢村租了一个房间,叫我过去聚聚。当天下午15时许,我在永泰地铁站与袁朝阳见面,然后其带我步行道一栋叫友谊电梯公寓的3006房,到那之后庸荆陵已经在房间了,不久有一名年轻男子到来,后来我才知道其名为肖玉清。当时我们四人就在房间内聊天看电视,不久我因业务问题自己一人离开了,他们三人继续留在3006房。在此之后,我就再也没见过唐荆陵和袁朝阳两人了。当天我没有与唐荆陵、袁朝阳学习任何书籍内容,在我离开后他们三人有否学习书籍内容不清楚。我在3006房没有见到相关书籍和横幅。我同意他们的一些事件观点,但并不同意他们的“公民不合作运动”、“普惠制基本养老金”、“废除户籍隔离运动”、“五三八行动”的思想行为。

经辨认照片,其辨认出被告人唐荆陵,其曾在唐包里拿走一本名为“从专制到民主”的书籍,也在4月中旬在永泰友谊电梯公寓3006房与唐见过面;辨认出被告人袁朝阳是袁新亭,在2014年4月中旬在永泰友谊电梯公寓3006房与袁见过面。

12.证人尚某辉的证言:2014年4月13日,余某元称要换地方住,然后唐荆陵称其认识永泰村致和街友谊电梯公寓,所以我在那天下午陪余某元到上址看房并与唐荆陵见面。我在永泰地铁站与余某元和袁朝阳碰面后一起走路到永素村致和街友谊电梯公寓3006房。进房时唐荆陵已经在房内了,我们四人在房内看电视和聊天,我与唐荆陵探讨了我自己的劳动仲裁事件的相关问题,袁朝阳与余某元当时在干什么我不清楚。当天我在那里停留了一个小时左右就先离开了,唐荆陵、袁朝阳与余其元三人之后在那里干什么我不清楚。自那天后我就没见过唐荆陵了。今年4月29日,我在天河区的毛家饭店聚餐中见过袁朝阳.当天吃完饭后我们拍了合照,在拍照时,有人叫我拿着一个牌子照相,还有其他人也拿着一些牌子和黄色小旗照相,后大家三三两两的进行合照,拍完照就离开了。4月29日吃饭前就看到有人将小黄旗放到桌上了,我并不清楚是何人带去那里的。

13.证人詹某铭的证言及辨认笔录:2014年4月10日13时许,我正在店里面工作,有一名年约40多岁的男子(戴着一副眼镜)来到我们的店里面,拿着一个u盘,说有五种书要印,我问他要印多少本,他说每种印100多本,封面用五个不同的颜色,我告诉他明天可以印出来给他,并告诉他印的价格是双面0.15元/张,装订封面5元/本,该名男子对我所报的价格没有异议,当时他还要求我们印了三种单张,每种印120张左右。印书费用共5000多元人民币,他给了我们1000元的定金。约是第二天(具体的时间不确定)晚上7时许,该名男子来到我们店将剩下4000多元尾款交齐,并拿走印好的单张,但没有将印好的五本书籍拿走,印好的五本书籍约是2014年4月12日或13日左右被人拿走了。我没有审查过上述五种书籍的内容,只是接了该男子提供的电子文档就安捧工作人员打印、装订,没有详细去看,三张.单张我也没有详细看,不清楚具体的内容。

经辨认照片,其辨认出唐荆陵是2014年4月10日来大洋图文南方医大店打印《粉碎邪恶轴心》、《论战略性非暴力冲突:关于基本原则的思考》、  《从独裁到民主》、《粉碎邪恶轴心》、《草根群众组织》、《自我解放》五种书籍共约500本及三种单张300多张的男子。

14.证人熊某广的证言及辨认笔录证实:今年四月中旬的一天下午三点左右j[具体是哪一天记不清楚了),有一个戴眼镜的中年男子到我店里取书,我核对单据后跟该名中年男子一起清点了书籍,后我推着送货车把书送到门口的马路旁,来取书的人除了戴眼镜的中年男子外还有三名男子,我们五个人一同把书搬到一辆银灰色的轿车上,放好书后我就回店了。戴眼镜的中年男子大约在去年5,6月份的时候来过我们图文店印传单,传单的内容我记不清楚了。

经辨认照片,其辨认出唐荆陵是在2014年4月中旬来大洋图文南方医大店印制书籍,后又跟三名男子来取书的戴眼镜中年男子。

15.证人赵某伟的证言及辨认笔录证实:2014年4月11日,我接到唐荆陵电话,他问我第二天是否能开车过去帮他拉点东西,我答应了并约定了碰面时间。2014年4月12日下午,我到达约定地点后看到唐荆陵和袁朝阳在。上车后庸荆陵带我们去到南方匿科大学类似一个商务中心的地方,然后,唐荆陵和袁朝阳下车进去量东西,我和曾幸来在外面等。大约过了10分钟,唐荆陵和袁朝阳用手推车拉了几箱东西出来搬上我的车。随后我和他们一起把书搬到同泰附近的一个出租晨,具体门牌不记得了,我把车停在出租晨楼下,随后我们四人把七箱书量上出租晨,搬上出租屋以后,唐荆陵拿了两套书送给我,说让我看看,如果有朋友来也可以给他们看一下.整个搬书的过程只有我、唐荆陵、袁朝阳, 曾幸来四人。离开出租屋的时候就我拿了两套书,一套书是5本,其他人没有拿。唐荆陵印书,我的理解是唐荆陵长期都在推动非暴力不合作,这些书籍是推广非暴力的书籍。我估计唐荆陵是想用这些书籍继续宣扬非暴力不合作的思想。我认为唐荆陵推广的非暴力不合作是与当今的中国政府不合作。

经辨认照片,其辨认出被告人唐荆陵;辨认出被告人袁朝阳;签认其所搬的书籍照片。

16.证人刘某兰的证言及辨认笔录:我和丈夫开设的艺雅广告在2014年4月15日接受了一名男客人制作一批书签和彩旗的订单。2014年4月1 5日下午17时许,我正在档口内,有一名年约四十岁,短发,带眼镜的男子走进我们的档口,其说要印刷一批名片用于作书签使用,并最后定下名片规格为长16厘米、宽4.8屋米。然后那名男子拿出一个U盘出并说在U盘内有名片所需的圈文,叫我按照他要求板并制作出来,我在电脑上按其要求制作出一个长16厘米、宽4.8厘米名片格式,然后将他的U盘插到电脑上,我在U盘里发现十多张图片和图案,然后他指着其中四张图片说其需要那四张图片制作名片,于是我就将按照其要求将四张图片从其U盘内复制到我工作的电脑上。那名男子让我以五色回旋图案分别与另外三图案共同组成正反两面,图案放在书签顶部,并让我在书签中输入一些文字。在完成三种书签的模式后,那名男子让我分别制作上述书签各2000张,双面过胶。在制作书签过程中,那名男子指着挂在档口墙壁上的一面长22厘米、宽13厘米的小彩旗问我,制作上述大小的彩旗多少钱,我说是七元一面,那名男子就说需要制作50面黄底的小彩旗。我在电脑上打开彩旗的规格模板,那名男字让我在彩旗的左侧放有那个五色回旋图案,右侧写“追寻自由4.29林昭日行动”的字样。在制作好三张书签和一面彩旗的模板后,那名男子交了400订金,并要求在16日下午来取货后就离开了。4月16日下午18时许,那名男子自己一人再次来到档口,我将彩旗和书签拿给那名男子,他在检查发现没问题后将最后的550元贷款支付给我后就离开了。当时我曾问过那男子要书签和彩旗来做什么,其当时说是用来纪念林昭所用的,我当时又问林昭是何人,其回答说林昭是一名革命烈士。具体那名男子用书签和彩旗来做什么我真的不知道。

经辨认照片,其辨认出唐荆陵是2014年4月15日17时许,到其开设的艺雅广告下单制作三种书签各2000张,及50面彩旗的业务的人;签认其与丈夫经营的位于自云区京溪街广州大道北梅兴杰2号艺雅广告的现场;签认其用QQ将制作50面彩旗业务等给兴达丝印的聊天记录;签认其用QQ将制作三种书薹共6000张发给钟莱华的聊天记录;签认其按照那名下订单男子的要求编辑三种书签和彩旗的横幅。

17.证人钟某华的证言及辨认笔录:2014年4月15日17点左右,我的QQ(632610665)接到艺雅广告店的订单,要求制6000张书签.艺雅广告通过QQ403489544发了已经排好的书签样板给我,我接受订单后,登陆会员号为1579的账号易彩印厂的下单软件进行自主下单。4月1 6日16时许,我前往易彩印刷厂拿制作好的书签,然后开车送往位于广州大道北的艺雅广告店把书签交给老板娘。

经辨认照片,其辨认出刘某兰就是2014年4月15日通过QQ,要其帮她制作6000张书签,内容3种,公民不合作等字样艺雅广告店的老板娘;签认以上图片就是艺雅广告于4月1 5日通过QQ发给其要求其制作书签的联系内容;签认上面的文字就是2014年4月1 5日艺雅广告店老板娘通过QQ联系要求其制作书签6000份的内容。

18.证人曾某锋的证言:我是易彩印刷业务主管,我们公司是由会员在外面接到订单后,通过电脑客户端将订单的设计图发到我们公司管理中心,由公司印刷后,由各个会员到公司自行提货的流程。1579号会员2014年4月15日所下订单由美工梁某晓接的单。

19.证人梁某晓的证言及辨认笔录:我是广州易彩印务有限公司的美工.2014年4月15日晚上8时多,在1579会员下单后我立即排版了,1579会员是自己来取印刷品的,所以我认识他,知道他姓钟,大约35岁左右,身高170左右。我为1579会员排版的印刷文件内容有:林昭殉难46周年纪念书签、民心片行动纪念书签、六四静思节行动纪念书签,上述三种书签,每种印制加2000张,一共6000张。

经辨认照片,其辨认出钟某华就是2014年4月15日下单到其公司的印刷纪念书签等的客户;签认其排版的书签。

20.证人祝某的证言及辨认笔录:2014年4月15日下午18时许,我收到艺雅广告发过来的订单,要求制作50面黄底的小彩旗,对方将彩旗的模板也发过来了。在收到订单后我就马上用QQ将订单内容及要求发给一名聂姓男子让其帮我们制作这批彩旗。大约在1 6号早上8时左右,那名聂姓男子就将50面彩旗送过来了,之后我老公将那50面彩旗送到了艺雅广告。那彩旗是黄底,规格是长22厘米、宽13厘米,配塑胶杆,彩旗内左部印有一个由红、白、黄、绿、蓝五色组成的回旋形图案,在图案下面写有“公民不合作运动”的字样,在彩旗的右侧印有“缅怀先烈追寻自由”的字样,底部印有“4.29林昭日行动”的字样。

经辨认照片,其认出刘某兰是艺雅广告的老板娘,她于2014年4月15日18时,通过QQ353225946向其发来制作50面彩旗的业务;签认艺雅广告通过QQ发给其,让其制作的50面彩旗的照片。

21.证人聂某的证言及辨认笔录:2014年4月15日19时许,我与妻子在自家作坊内,从QQ上收到兴达丝印发过来的订单,要求制作50面黄底彩旗,当时对方将彩旗的横板也发过来。我与妻子马上开工生产,并在当天晚上生产完毕,第二天早上8时许,我就将50面彩旗送到兴达丝印处.那彩旗是黄底,规格是长春22厘米、宽13厘米,配塑胶杆,彩旗内左部印有一个由红,白.黄.绿、蓝五色组成的回旋形圈案,在圈案下面写有“公民不合作运动”的字样,在彩旗的右侧印有“缅怀先烈追寻自由”的字样,底部印有“4.29林昭日行动”的字样。

经辨认照片,其签认4月15日19时,兴达丝印通过QQ发给其的,让其制作的50面彩旗。

22.证人陈某冠的证言及辨认笔录:2014年4月14日约中午12时,我在广州白云区磨刀南街96号的圆通速递公司前台上班。一名横纹上衣的光头男子拿着一本书过来问我书籍可否邮寄,我说可以,他又问我能否上门揽收或者借台拉车给他,我告知他只能自己交件上门,于是那名男子就离开了。约14时许,这名光头男子和一名白衬衣戴眼镜男子来到我公司前台,他们手上各捧着几本书,他们来到后,告诉我要寄很多书,于是我就给了二十多张快递单让他们自己填写。白色衬衣男子接过单后,在前台旁边开始填单和把书装进包装袋里,光头男子则借了我公司的手推车出去拉书.光头男子一共出去拉了两次,每次间隔十几分钟,总共约拉了一百多本书回来,光头男子把书都拉回来后,就和白衣男予一起把书分类装进包装袋内。约17时许,他们两人把所有书装进包装袋内,交给我过称、统计。他们要寄的书一共有三十多份,共寄住十几个省份,价格约九百多元,白衣男子交付了快递费后他们他们就离开了.首先过来的男子身高约l米7,中等身材,光头,讲普通话,当时身穿白底横纹T恤,短裤,另外一个人身高约l米7多,中等身材,短发,戴眼镜,讲普通话,当时身穿,白色长袖村农,深色西裤,这名男子在件寄人一栏里写他的名字叫唐荆陵。光头男子过了几天又过来寄过一份邮件,但是具体情况没印象了。

经辨认照片;其签认2014年4月14日14时许两名男子到其公司邮寄一批书的照片;签认2014年4月14日下午两名男子来圆通公司寄书时所填的30快递单的照片。

23.证人李某的证言及辨认笔录:我是2012年底,2013年春节的时候认识唐荆陵的。大概今年4月中旬的时候,唐荆陵打电话给我,说要给我寄几本书,要求我把联系地址留给他。约一个星期后,我收到了唐寄过来的书,约有三套,每套5本,《草根群众组织》、《从独裁到民主》、《粉碎邪恶轴心》、《自我解放》、  《论战略性非暴力冲突关于基本原则的思考》,都是宣扬“非暴力不合作”的书。收到这些书籍、资料后,我打电话通知唐荆陵说书收到了,唐荆陵要我把收到的书籍在武汉的朋友圈中传阅、宣传一下,让大家都能接受这种思想。我把其中一套给了武汉一个朋友李程鹏,放了3本书在办公室,被一个叫朱某的朋友拿走了,其他书在我家里。唐曾向我介绍说,目前中冒农村社保标准过低,自己正在想办法推动中国农村社保制度的改革,并拿出了一张打印有如何推动中国农村社保制度改革内容的A4纸张,交给我们几个人传阅,之后就提出希望我们能够跟更多朋友去讨论这个问题。单张的内容都是针对农村社体制度改革、提高农村社保标准之类,我们还就具体提高的全额进行了讨论.我在QQ群里看到了很多关于“非暴力不合作”、 “废除户籍隔离制度”、“普惠制基本养老金”、 “583行动”内容的帖子,不确定是不是唐荆陵发出来的,但是大多在帖子里都留有唐的名片贴图。我觉得这是唐荆陵针对中国国内目前存在的一些不合理的现象以及政府制定的一些不合理的政策而发起的一个“不合作”运动。

经辨认照片,其辨认出唐荆陵就是2014年4月从广州市白云区给其寄了3套“非暴力不合作”书籍资料的人。

24.证人朱某的证言及辨认笔录:李某大概两年前的一次聚会吃饭上认识唐荆陵的,和他交流后,觉得他思维很清晰,阅历很丰富,和我一样都认为这个社会要进行理性的改变。大概是5月初的一天,我到李某的办公室找他,我问他有什么书可以看,他就给了我三本书,名字是《从独裁到民主》、  《粉碎邪恶轴心》、《自我解放》,书是包在快递包裹里的,我打开来看了一下,书的封面上都印着“非暴力不合作”的内容,就想这些书应该是和唐荆陵有关的。后来,我把3本书翻阅了一下,内容很多是抨击现在的中国政府,对中国的现状不满,内容很敏感。2013年下半年的时候我认识了唐,知道他是一个追求民主、宪政,推动“非暴力不合作”运动的公民。但是鉴于现阶段国人的素质低下,读书太少,所以我觉得唐荆陵的“非暴力不合作”理念在中国根本行不适。

经辨认照片,其辨认出唐荆陵就是寄书给李某的人。

25.证人陈某频的证言及辨认笔录:我在2008年因公开悬挂有关平反“六四”的横幅被杭州市公安局刑事拘留,后被法院判了两年。我近期有收到唐荆陵快递给我的书籍,大概是4月中下旬,我取快递时,还未签收就被公安机关的便衣民警连人带快件送到公安机关了。之后我才知道是唐荆陵寄给我的快件,里面是书籍,唐寄书的目的应该是宣扬他个人的思想理念,他宏扬“非暴力不合作”的理念。后公安人员出示我才看到唐荆陵邮寄给我的是什么书籍,而且看到唐亲笔写的字条,内容大概是说寄了五套,每套五本,要我自留一份,然后分别给邹巍、胡臣、昝爱宇、王荣清等各送一份,并建议我们一起阅读并讨论。

经辨认照片,其辨认出唐荆陵就是寄了一批书籍给其的人。

26.证人陈某伟的证言及辨认笔录:我收到由唐荆陵通过圆通速递公司寄给我的一邮件快递,内有五本书籍,分别是《自我解放》、《从独裁到民主》、《粉碎邪恶轴心》、《草根群众组织》、《论战略性非暴力冲突:关于基本原则的思考》。我没有看过这五本书籍,没有注意这五本书上有《公民不合作运动筹款公告》,也没有参与过这方面的活动。

经辨认照片,其签认以上相片中的《论战略性非暴力冲突:关于基本愿则的思考》、《革根群众组织》、《从独裁到民主》、《粉碎邪恶轴心》、《自我解放》是2014年

4月中旬寄件人填写为“唐荆陵”通过圆通速递公司寄给其的。

27.证人程某瑞的证言及辨认笔录:唐荆陵在今年4月中旬有通过圆通快递邮递了一些书籍给我,邮寄的书籍一共有五本,都是宣扬“非暴力不合作”的,这是他个人的思想理念,我也认同这个观念。收到那五本书籍后,因为我视力不好及工作原因没时间,所以都将书籍给了朋友。给了律师程为善两本,“任老师”两本,“张笑梅”一本。

经辨认照片,其辨认出被告人唐荆陵;签认唐荆陵通过广州圆通速递公司给其邮寄的五本书籍。

28.证人张某林的证言及辨认笔录:2014年4月中旬,我收到唐荆陵通过圆通速递公司寄给我的一个装有书籍资料的快递包裹。里面装有五套书籍资料共二十五本书,分别是《自我解放》、《从独裁到民主》、《粉碎邪恶轴心》、《草根群众组织》、《论战略性非暴力冲突:关于基本原则的思考》,还有一份《公民不合作运动筹款公告》,五份《废除户籍隔离制度》、五份《普惠制基本养老金行动宣言》和五份《我的“五八三行动”诚实地劳动、体面的生活》。我明白唐荆陵的目的是想让我阅读学习其中的一鲞书籍,接受上述书籍所宣扬的思想理念,其余四套书籍资料分发给我所认识的朋友,或对社会政治方面感兴趣的人员阅读,接受这方面思想传播感染.唐荆陵邮寄给我的书籍资料宣扬的是“公民不合作运动”,诋毁我国现行社会主义制度,鼓动民众以公民不合作的方式对抗我国政府,以反独裁的名义企图煽动民众通过各种方式颠覆我国的社会主义政权等思想。唐荆陵之前有在Qq群里发白己照片及宣扬他提倡的“公民非暴力不合作运动”、 “五八三行动”及“普惠制养老全”等信息。我认为唐所说的公民非暴力不合作运动的对象肯定是当局政府,这是必然的,非暴力是前提,不合作是手段。他的目的是想成为甘地、曼德拉那样的民间领袖,来改变现今社会构成、政党制度及其他社会体制的状况。唐荆陵深知一个人的力量是不行的,所以他才通过互联网、寄书等方式,好找其他人来一同实现其目的。

经辨认照片,其辨认出被告人唐荆陵;签认唐荆陵通过圆通速递公司寄给其的书。

29.证人罗某明的证言及辨认笔录:今年四月初,唐荆陵在网上发了个“公民不合作”的帖子,我跟他就这个帖子争论了起来,他跟我说要我多读点书,后他向我要了邮寄地址,之后我收到他寄来的五本书和宣传单,宣传单上写着“公民非暴力不合作运动”之类的内容。

经辨认照片,其辨认出被告人唐荆陵是向其邮寄书籍、宣传单的人。

30.证人杨某的证言及辨认笔录:2014年4月中甸,我收到唐荆陵通过圆通速递寄给我的一个装有书籍的包裹。里面装有三套书籍资料共十几本书,每套书籍各有五本,分别是《自我解放-终结独裁政权或其他压迫的行动战略规划指南》、《从独裁到民主》、《粉碎邪恶轴心》、《草根群众组织》、《论战略性非暴力冲突:关于基本原则的思考》,还有大约十份《我的“五八三行动”诚实地劳动、体面的生活》的宣传单。我收到书后,按照唐荆陵授意将收到的书转交给郭某良老师,我向他提出要留下其中一套书籍资料(五本书加一张宣传单)作为白己阅读使用,唐荆陵同意了.我知道唐荆陵邮寄上述书籍给我的目的是宣扬西方色彩的民主思想理念,通过寄出书本、资料的手法对我进行宣传,希望我参加由唐荆陵发起的“公民不合作运动”的筹款。

经辨认照片,其签认2014年4月中旬唐荆陵通过圆通速递邮寄给其的书及资料。

31.证人郭某良的证言及辨认笔录:在2014年4月份,我的朋友杨某将一些书籍送到我家,说这些书籍资料都是广州唐荆陵邮寄过来的,唐荆陵说送这些书籍给我,共有十本书。如果我身边的其他朋友对这些书感兴趣,可以送给他们看。唐荆陵送给我的书籍有十本,共计两套,每套书有五本,分别是《自我解放-终结独裁政权或其他压迫的行动战略规划指南》、《从独裁到民主》、《粉碎邪恶轴心》、  《草根群众组织》、《论战略性非暴力冲突:关于基本原则的思考》。因为我喜欢看各类书籍,特别是社科类的书籍.唐荆陵通过送书给我的方式,是想我对其宣扬的“公民不合作运动”有进一步的了解,包括我身边对这方面感兴趣的人。

经辨认照片,其辨认出唐荆陵是2014年4月中旬送给其十本书的人;签认唐荆陵邮寄给杨某转给其的书及资料。

32.证人洪某排的证言:2014年4月份我收到唐荆陵发给我的圆通速递邮件,就是几十张的传单,是关于募捐之类的传单,传单的大概内容是称有朋友受到政府的打击,因此其维友、照顾家人等需要经费,请收到传单的我有识人士给予帮助,而且传单后面还特别注明如募捐且累计人民币1千元以上就可以参与该款项的审计之类的注解,并强调要把传单发给他人。我收到快件后发现是有关募捐的传单,于是随手丢在中宇工业园一垃圾桶内。我在2014年3月26日出差广州摇微信时而结识唐荆陵的。我从微信、QQ群上看他所发表的言论,我觉得他是一个对社会、对国家有不平衡的心态,老是称社会不和谐,爱讲不公平对待之类,而且特别推崇非暴力不合作的理念。我理解的唐荆陵的“非暴力不合作”是这样的,例如是政府推行的医保制度,采取不配合,不合作的态度去对待,从而通过这些做法,去改变现行执政政府和政党。

33.证人尹某安的证言:83年我因发动宣传被判处有期徒刑三年,96年因反革命宣传煽动被劳教两年。2009年我在一次聚餐认识了唐荆陵。今年4月中旬,我收到了唐荆陵从广州寄给我的一批书籍、宣传单。书籍的内容大概是设计宣传“非暴力不合作运动”及捷克前总统哈维尔的内容,有7、8本左右。我觉得他寄书给我的目的是让我学习并接受“非暴力不合作”思想,并且帮他她一起推广这种思想。我觉得他推广这种思想是为了提高中国人的整体素质。我认为现在的中国没有“公民”,只有“奴民”,通过推广“非暴力不合作”能让中国人真正成为公民。

34.证人孙某宝的证言及辨认笔录:2014年4月中旬,我在济南市收到唐荆陵通过圆通速递寄给我的书籍资料,书籍分别是《自我解放-终结独裁政权或其他压迫的行动战略规划指南》、《草根群众组织》、《论战略性非暴力冲突:关于基本原则的思考》各一本,《从独裁到民主》两本。唐荆陵秉持推崇的思想理念是“非暴力公民不合作”运动,他经常在网上上传、发表有关印度甘地、南非曼德拉等非暴力公民不合作的信息,他表示反对任何人、组织与任何人、组织进行暴力方式对抗,推崇以和解、法制等方式处理问题。唐荆陵这种非暴力公民不合作的思想观点我认同。

经辨认照片,其辨认出被告人唐荆陵;签认唐荆陵邮寄给其的书籍。

35.证人吕某超的证言及辨认笔录:在今年4月中旬,唐荆陵说有一些书要寄给我,我收到快递后发现邮包里有10本书,分别是《自我解放.终结独裁政权或其他压迫的行动战略规划指南》、《从独裁到民主》、《粉碎邪恶轴心》、  《草根群众组织》、《论战略性非暴力冲突:关于基本原则的思考》各2本,还有一份《公民不合作运动筹款公告》、二张《我的“五八三行动”诚实地劳动、体面的生活》的资料。唐寄书给我,是希望我了解“非暴力不合作”的理念,希望多些人认同他的观点,改变中图现体制,改变中国执政党的执政地位,我觉得想法是好,但他的做法激进。

经辨认照片,其辨认出被告人唐荆陵;签认唐荆陵寄给其的书籍。

36.证人褚某界的证言及辨认笔录:2014午4月中旬,我在枣庄市收到唐荆陵通过圆通速递寄给我的一个装有书籍资料的包裹,书籍资料共十五本,分别是《自我解放》、《从独裁到民主》、《粉碎邪恶轴心》、《草根群众组织》、《论战略性非暴力冲突:关于基本原则的思考》各三本。唐荆陵的思想理念秉持是“非暴力不合作”运动,我不认可他宣传的“非暴力不合作”的思想,但我觉得只要能推动公民社会的发展,社会维系公平、正义、法治的思想理念我都认同。

经辨认照片,其辨认出被告人唐荆陵;签认2014年中旬唐荆陵邮寄给其的的书籍共有15本。

37.证人李某民的证言:我是在网上通过微博认识唐荆陵的,并没有见过面,今年4月中旬,唐荆陵说有一些东西寄给我。后我收到唐荆陵寄给我的书,一共三套,一套五本,分别是《自我解放》、  《从独裁到民主》、  《粉碎邪恶轴心》、  《草根群众组织》、  《论战略性非暴力冲突:关于基本原则的思考》。其中一套张永宁拿走了,剩下二套,我分别寄给厦门姓吴网名“大炮”和顾剑两人。我对“非暴力不合作”的理念中“538”有关养老保险的内容比较认同。唐荆陵寄书给我,我知道他是为了宣传他的非暴力不合作理念,要我和更多人认同他的观点,目的是想改变中国的的政治体制,改变现政府,改变中国共产党的执政地位。

38.证人楚某庆的证言及辨认笔录:2014年4月中旬,我在北京市收到唐荆陵通过圆通速递寄给我的两个装有书籍资料的快递包裹,书籍有十本,分别是《自我解放》、《从独裁到民主》、《粉碎邪恶轴心》、《草根群众组织》、《论战略性非暴力冲突:关于基本原则的思考》各两本。据我与唐荆陵交往的过程中,唐荆陵秉持推崇的思想理念是“非暴力公民不合作”无能运动,同时唐荆陵是基督教徒,是主内弟兄。

经辨认照片,其辨认出被告人唐荆陵。

39.证人晁某达的证言及辨认笔录:我在唐山市收到唐荆陵通过圆通速递寄给我的一个装有书籍资料的快递包裹,包裹里的书籍分别是《自我解放》、  《从独裁到民主》、  《邪恶轴心国》、《草根群众组织》、  《论战略性非暴力冲突:关于基本原则的思考》各一本,还有五份“废除户籍隔离制度”、五份“普惠制基本养老金行动宣言”和五份“我的‘五八三行动’诚实地劳动、体面的生活”宣传纸张。唐荆陵秉持的理念是非暴力公民不合作运动。我没有参与唐荆陵的公民不合作运动筹款活动,也没有见过唐荆陵。

经辨认照片,其签认唐荆陵邮寄给其的书籍资料。

40.证人李某忠的证言及辨认笔录:今年4月14日唐荆陵说寄一些书籍给我,我收到后发现有书籍和宣传单。书籍是《自我解放》、《从独裁到民主》、《粉碎邪恶轴心》、《草根群众组织》、《论战略性非暴力冲突:关于基本原则的思考》,宣传单是“公民不合作运动筹款公告”,“废除户籍隔离制度”、“普惠制基本养老金行动宣言”和“我的‘五八三行动’诚实地劳动、体面的生活”,书籍共4套20本,宣传单约有50张。我把上述书籍及宣传单放在书包里,在前往省信访办、湖南省高级人民法院及长沙市中级人民法院办理业务时主动派发自己印制的相关资料同时夹带派发唐荆陵邮寄的宣传单张。有部分访民看到书包内的书籍后向我讨要。唐荆陵的书籍我全部分发出去了,宣传单还剩17份。

经辨认照片,其辨认出被告人唐荆陵;签认唐荆陵寄给其的宣传单和书籍。

41.证人陈某飞的证言及辨认笔录:我在2014年4月1 8日通过圆通速递收到了广州市唐荆陵邮寄给我的书籍,分别是《自我解放》、《从独裁到民主》、《粉碎邪恶轴心》、  《草根群众组织》、《论战略性非暴力冲突:关于基本原则的思考》,共两套十本。这十本书我在2014年4月19日乘坐公交车时,派给了车上乘客,我阅读过那十本书。我认为这些书的内容有利于国家,有利于民族。

经辨认照片,其辨认出被告人唐荆陵;签认其收到的书。

42.证人张某的证言及辨认笔录:唐荆陵于4月份寄了五本书籍给我,我大概看了一下,书籍主要是推行“公民不合作”的内容。

经辨认照片,其辨认出被告人唐荆陵;签认唐荆陵寄给其的书。

43.证人陈某富的证言及辨认笔录:今年4月份我收到了唐荆陵从广州通过圆通快递寄给我的一个包裹,里面有三套书,每套五本,以及几张宣传单,上面写着募捐。收到书后,我大概翻看了下,就把书给了贵阳的莫建刚、聊双元、张重发。我知道唐荆陵一直以来都推动“公民非暴力不合作”运动,我理解唐荆陵推动的“非暴力不合作’’运动就是对于政府制定的不合理甚至错误的争吵以及政府在行政、执法过程中的违法现象采取不合作的方式对待,从而推动中国的民主、法制化的进程。

经辨认照片,其辨认出被告人唐荆陵;签认唐荆陵寄给其的书籍。

44.证人张某红的证言及辨认笔录:在4月29日,我在广州市天河区体育西路的毛家饭店参加聚餐,当晚有人在我们的那张桌子的桌面上放着九条小黄旗,小黄旗应该是我们桌上的人带过来的,袁朝阳带来的可能性最大,因为在当晚的每人介绍发言的过程中,袁朝阳曾二直说过其在推进“公民不合作运动”,在将来也会一直坚持下去。九条小黄旗的内容是一样的,里面都有“公民不合作运动”标志放在小黄旗的左侧,右边印有“缅怀先烈,追寻自由4.29林昭日行动”文字。其中我知道“公民不合作运动”标志是由唐荆陵设计出来的。

经辨认照片,其辨认出被告人唐荆陵;辨认出被告人袁朝阳;签认小黄旗。

45.证人罗某阳的证言及辨认笔录:我在4月29日到毛家饭店参加聚会,袁朝阳(袁新亭)从旁边的桌子座位上站出来,在吃饭前先让大家进行自我介绍,接着又说今天是“林昭日”,大家一起发表对林昭的一些见解。后张某红将我们在4月25日当天所举的印有林昭头像的六个标语拿出来分给别人,同时我看到有人在张某红她们那桌的台面拿一些黄色的小旗,于是我也过去那桌面上拿了一根。当时我看到该小黄旗上印有“公民不合作运动”标志和“缅怀先烈追寻自由4.29林昭日行动”的文字,之后所有参与聚餐的人分别拿着标语和小黄旗分成三排拍了合照,然后大家就三三两两分别拿着小旗和标语拍照,拍照的目的除了用留念外还有就是之后大家都将照片放到网上传递出去。

经辨认照片,其辨认出被告人袁朝阳;辨认出唐荆陵;签认黄色旗帜就是其在2014年4月29日晚上在天河区毛家饭店聚餐拍照并用于放在网上的小黄旗。

46.证人徐某荣的证言:4月29日下午,我去天河城附近的毛家饭店参加聚餐,当天是林昭忌日,此次聚餐活动主要是纪念林昭。后来袁拿出五六面印有纪念林昭字样的黄色小旗子以及二三十张宣传单派发给参加聚会人员,传单内容主要是印有唐荆陵头像的简介,“非暴力不合作”理念。后来我们举起小旗子和纸牌进行拍照留影。

47.被告人唐荆陵的供述和辩解及辨认笔录:  2014年4月15日下午17时许,我路过广州市白云区广州大道北圣地大酒店对面马路边时,看到有一家名叫“艺雅广告”档口,招牌上写着制作招牌、横幅、丝印等字样,于是进去问该档是否可以制作书签。我进入档口后问一名坐在电脑前年约30岁较胖的女子做不做书签(长15、16厘米,宽4、5厘米大小),那名女子说可以,然后我从随身带的包里拿出一个U盘交给那名女子,让其从U盘中将里面储存的四个图案(“公民不合作运动”标志,“林昭黑白相”,“坦克人”图为一人站在三台坦克面前,  “民心片”图为一个长翅膀的红心飞向一只张开的手)复制出来,那名女子在电脑上制作出正反面两个书签模框后,我指示其制作三种书签。第一种书签是将“公民不合作运动”标志、  “林昭黑白相”分别放在书签正反面    的顶部;将“请与我一起推动公民不合作运动带来民主和自由的中国”这段文字放到“公民不合作运动”标志的下方;将“林昭殉难46周年纪念书签”这段文字放在书签的底部;将“自由无价,生命无涯宁为玉碎以殉中华”这段文字放在“林昭黑白相”下方;将“429林昭日行动2008.429——2014.429第七届”的字样放在书签的底部;最后将该书签的底色变成黄色。第二种书签是将“公民不合作运动”标志、  “民心片”图分别放在书签正反面的顶部;将“请与我一起推动公民不合作运动带来民主和自由的中国”这段文字放在“公民不合作运动”标志下方;将“民心片行动纪念书签竹这段文字放在底部;将“写信、发明信片给为民主和人权进步事业中被囚的人,温暖良心犯的心!一民心片行动”这段文字竖立由左至右放在“民心片”图下面;将“2014"放在书签的底部;最后将书签的底色换成粉红色。第三种书签是将“公民不合作运动”标志、  “坦克人”图案分别放在书签正反面的顶部;将“请与我一起推动公民不合作运动带来民主和自由的中国”这段文字放在“公民不合作运动”标志下方;将“六四静思节行  动纪念书签2007.4.26发起”这段文字放在底部;将“先将六四定为你个人的静思节,确定你个人的行动模式(佩带明显的哀吊标志或自行请假或举行符合个人文化或宗教习惯的纪念仪式等)再尽力以个人或集体的方法推行行动,直到这个日。子成为中国法定的静思节(暂定名)。”这段文字放在“坦克人”图案下面;将“六四静恩节行动第八届”这段文字放在书签底部;将书签底色保持白色。三种书签模板制作好后,我让那名女子将每种书签分别制作2000张,并双面过胶。后我指着档口墙上的一面长约20厘米,宽约13厘米的小彩旗问那名女子能否制作那样的小旗,她说可以。于是我就叫那名女子在电脑上制作出一个小旗的图框,然后让其将“公民不合作运动’’标志放在小旗的左侧,  “缅怀先烈追寻自由4.29林昭日行动”文字放小旗的右侧,并将小旗底色改为黄色并让其制作50面。在制作完三种书签和小旗的模板后,我拿出400元给那名女子当订金,并约好16日下午到该档口拿货,之后我就离开“艺雅广告”。4月1 6日下午18时许,我一人到“艺雅广告”拿书签和小彩旗,在确认没错后我支付了剩下的550元,然后步行离开。我拿到书签和小旗后就到天河客运站见袁新亭,告诉他我将于1 7号外出一段时间,并拿出10来面小旗和几十张书签给他,让他派给需要的人。当天19时40分许,我乘车到元岗村,下车后我在元岗市场一带人流多的地方向过往的行人派发书签和小旗,也将书签放在见到的邮箱内方便群众传阅,在元岗派发书签和小旗约一个小时后,我又乘车到南方医院站,并在车站附近向过往的行人派发书签和小旗,到当天晚上22时许才回家。我没有计算4月16日晚上共派发多少书签和小旗。4月17日中午,我带着剩余的书签和小旗从南站乘坐广州至武汉的高铁,到武汉下车后,我又买了到西安的火车车票。在等车的三、四个小时内,我在武汉火车站向过往行人派发了书签和小旗。我在18日早上到达西安,在西安住在一个网名为“大王”的网友家中,共住了三个晚上。在西安的几天当中,我在西安的广场、车站等人流多的地方向过往行人派发过书签和小旗;在当地网友的一个晚餐聚会上,也将两面小旗给了两名聚会的网友;我在4月20日参加了一个名为“三秦文化论坛”由律师和商人共同开办的讲座。在西安我把书签都派完了,只剩下几面小旗。我在4月21日离开西安乘火车到郑州,在郑州住了两个晚上。在22号下午会见了一个名叫袁庾华的朋友,在其的告知下参加了当地网友在经二路举办的一个午餐聚会。我23日离开郑州到济南,并在那里住了一个晚上,在24日中午我会见了朋友孙某宝,并在其带领下参加了一个当地网友的午餐聚会,在聚会上将最后一面小旗给了一名聚会的网友。24日下午我离开济南到泰安,并在24日晚上参加了一个当地网友的晚餐聚会。25日我离开泰安到湖州,在湖州住了四个晚上。28日我在湖州的一家打字店内用A3纸制作了两幅标语,其中一幅内容为“缅怀自由女神林昭”,另一幅内容为“缅怀先烈追寻自由四二九林昭日行动”,我将这两幅标语放在包里,并准备到林昭墓时拿出来,29日早上我从湖州坐汽车到苏州市木渎镇准备到林昭墓纪念。当天我在林昭墓的那座山上遇到一些来纪念林昭的网友,当我们行至韩世忠墓时被公安人员带回胥口派出所,当时与我一起被带回派出所的共约60人。制作书签和小彩旗是我经过“艺雅广告”时临时想到的,之前并没有准备过要制作。书签和小旗上面“公民不合作”的标志由五种颜色组成的旋转叶片,红白蓝代表自由、平等、博爱,绿色代表和平、环保,黄色代表中国的吉祥色,旋转叶片代表推动力。这标志是我设计的。我从2012年开始设计,期间修改过几个版本。书签上“请与我一起推动公民不合作运动,带来民主和自由的中国”的就是我周一至推动的公民不合作运动。  “民主和自由’’是指符合联合国公民权利和政治权利共约的保护标志,即对基我权的保护。中国政府自己都不认为“自由民主”,所以也没签署联合国公民权利和政治权利公约。“民心片”行动就是写信、发明信片给为民主和人权进步事业而被囚的人,温暖良心犯的心。我给郭飞雄,许志永等人寄过。  “六四静思节”就是在六月四号那天以自己的方式缅怀1989年6月4日的那段历史。是我1 997年4月26日在网上发起的,当时我写了一篇关于六四静思节的呼吁书,大意也就是好让大家在每年6月4日缅怀那段历史,个人可以以自己的行动模式,比如佩戴明显的哀悼标志,或按照个人文化和宗教习惯进行悼念;每个人从自己做起,进而影响别人,共同推动6月4日成为国家法定的静思节。我认为六四事件真相被掩盖,现在看到当时的历史还不完整。书签中的“坦克人”照片是当时六四事件中一张现场照片,我从网上下载下来的,这照片在网上成为标准性的照片,所以我就采用了。

经辨认照片,其签认照片中的推文“非暴力行动改变中国…”是其所写并发在推特上。

48.被告人袁朝阳的供述和辩解及辨认笔录:我在2006年通过网络认识了唐荆陵至今,我和唐荆陵、王清营三人都信奉基督教,但没教会愿意接收我们,以前我们都会前往唐荆陵家聚会并研讨“公民不合作运动”的相关事项。但2013年开始,唐荆陵家楼下装了监控,有保安对来访人员登记身份证,我们进出唐家很不方便,唐荆陵曾对我们说他家里可能被安装了窃听器。于是2013年底,我向唐荆陵提出想在白云租套房子,以方便今后大家聚会、查经,唐荆陵对我提出租屋的想法表示赞同。2014年4月3日,我和唐荆陵一同前往永泰找好房子,4月6日,我、唐荆陵和王清营三人一同来到致和街43号,由王清营提供身份证承租了3006房,房租每月1450元,加上管理费,水电费等一个月大概1500元。当时我们商定由大家共同承担1500元每月的房费,即每人每月500元,押金3000元是唐荆陵出的,房间的钥匙由唐荆陵保管。租房当天我们三人在屋内就唐荆陵随身携带的《公民不服从行动培训》进行研读。4月10日我收到唐荆陵的信息,叫我过去搬书,我们约好在南方医科大学见面,到了搬东西那天下午4时许,我、唐荆陵、赵某伟及老曾(具体名字不清楚)4个人将唐荆陵复印好的书搬上车,车是赵某伟开来的。我简单翻看了一下书,书有五种,《草根群众组织》、《从独裁到民主》、《邪恶轴心》、《自我解放》、《论战略性非暴力冲突关于基本原则的思考》。每种书的封底都印有“公民不合作运动”的字样及图标,估约400本。4月13日,唐荆陵、我、肖某辉、徐某荣和余某元一同在出租屋内聚会,研究《自我解放》里面的内容,聚会结束后唐荆陵对我说让我次日过来陪他寄书,临走时我拿走了一套书。除了书籍外,我还看到一幅卷轴,估计是唐荆陵之前3月底举牌的横幅。另外,还有一些单张,内容是“普惠制基本养老金行动宣言”、“我的五八三行动诚实地劳动,体面的生活”、  “废除户籍隔离行动”的宣传单张。4月14日上午,我去到出租屋,与唐荆陵一同把书搬去快递公司进行邮寄,在我搬书时,唐荆陵则在快递公司填写寄书单张。搬完后,我帮忙打包书籍,当时邮寄了约30个地址,有些是寄一份,有些是寄几份,大概寄了六十多套,共300余本,具体收件人是谁我不清楚,最后的邮寄费用由唐荆陵支付,大概是800元。4月16日下午19时许,唐荆陵约我在天河客运站见面,见面后我看见他提着一些小箱子,他说是书签,随后我们一同前往永泰的出租屋,把唐荆陵带来的物品放置在出租屋。后来我还现一些黄色的小  ,书签和小旗的内容是“林昭殉难46周年纪念”、“六四静思节纪念行动”、“民心片行动”等三种书签,“缅怀先烈道寻自由429林昭日行动’’的黄色小旗。出租屋的钥匙一直是唐荆陵保管的,4月1 7日,唐离开广州后钥匙才交到我手里保管,在我接手前,屋内已有传单、横幅等宣传品,我估计是唐荆陵带来的,但具体何时制作的我不清楚。唐荆陵4月中旬离开广州,在4月20号左右,唐荆陵通过Viber发送信息给我,让我寄一些书签给西安一个罗姓的人,具体姓名我忘了。随后我以唐荆陵的名义邮寄涉及“林昭殉难46周年纪念”、“六四静思节纪念行动”、“民心片行动”等三种内容的书签至唐荆陵提供的西安的地址,书签数量共300张。在4月中旬,我主动在聚会过程时,向大家派发了“583行动静、“普惠制养老金”、  奠废除户籍隔离∞三种宣传单,共十几张。4月29日,我在体育西路毛家饭店聚餐时携带了10杆“缅怀先烈追寻自由429林昭日行动”的小黄旗、30份左右关于“583行动”、  “普惠制养老金”、  “废除户籍隔离”的宣传单张及十几份书签,在当晚的聚会里派发。平时我会将这些书签带着身上,派发给广州的朋友,大概发了40、50张,主要都是我这个圈子的朋友。宣传单主要是用于推广上述3个民生类的活动理念,曾寄到广东省外唐荆陵的朋友,数量大概有150多张。邮寄书籍及我个人派发宣传单张的目的是向更多的人传播不合作运动的思想理念。  “公民不合作运动”的目的是以温和的、理性的、非暴力的方式表达政治诉求及各种诉求,以减少在走向民主过程中的社会代价,从而带来民主和自由的中国。“公民不合作”是与谁不合作这个问题我不敢回答,因为我怕坐牢。按照中华人民共和国相关法律的表述,如果主张社会主义以外的社会制度是涉嫌违法或犯罪的。我向往的社会制度,跟现实的社会制度有冲突。我在互联网上主张“三权分立“,跟现实社会状况不合拍。

经辨认照片,其辨认出证人赵某伟;辨认出证人曾某来是老曾。

49.被告人王清营的供述和辩解及辨认笔录:今年4月初,袁朝阳或者唐荆陵电话联系我过去永泰,说是准备租房子,我们见面后,袁朝阳说用我的身份证去租一间房子,我答应了袁朝阳或者唐荆陵其中的一个交了房租,具体是谁交的我不记得了,我签了合同后,去房间里看了一眼就回家了,没有拿钥匙。自从租了这个房间我就再没去过这个租住的房间,直至5月1 6日公安人员从我工作的公司带走我去到3006号这个房间搜查到一些书籍和卡片我才知道出租屋里有这些东西。去了现场后当时印象有卡片15至20盒,相关印刷文件将近一箱,卡片内容我看到是有林昭头像,相关印刷品没看清是什么。现场缴获的《草根群众组织》、《从独裁到民主》、  《自我解放》、  《论战略性非暴力冲突:关于基本原则的思考》、  《粉碎邪恶轴心》等书籍及宣传单张,可能是袁新亭放在那里,房子放有这些书籍及宣传单张是我被抓那天才知道的。我没有参与《草根群众组织》、  《从独裁到民主》、《自我解放》、  《论战略性非暴力冲突:关于基本原则的思考》、《粉碎邪恶轴心》等书籍及宣传单张的印刷、搬运及邮寄,也不知道是谁从事的印刷、搬运及邮寄。2014年3、4月份,唐荆陵通过微信将上述有关公民不合作运动筹款公告征求意见稿发给我,或是我在微信里面看到。我下载到电脑里面,编辑后通过微信或QQ(号码是27261478)转发给章大哥(可能是章星球),征求他的意见,但他没有给我意见。这个征求意见稿内容是筹款,目的是推动非暴力公民不合作运动,发起人及倡导之一是唐荆陵。

经辨认照片,其签认出从其电脑提取的文章是唐荆陵公民不合作运动筹款公告共10页,是其发给章大哥的,并征询他的意见。

本院认为,被告人唐荆陵、袁朝阳、王清营无视国家法律,以编辑、印制、传播非法出版物、宣传品等方式煽动颠覆国家政权,推翻社会主义制度,其行为均已构成煽动颠覆国家政权罪,依法应予处罚。公诉机关指控的事实清楚,证据确实、充分,罪名成立,应予支持。关于三被告人及其辩护人提出的三被告人宣扬“非暴力不合作”理念的行动不构成煽动颠覆国家政权罪的意见,经查,被告人唐荆陵首先提出“公民不合作运动”的理念,先后发起、组织、参加多次具有煽动性的活动,编辑、印制、传播“公民不合作运动”系列丛书和其他宣传单张;被告人袁朝阳积极协助被告人唐荆陵印制、邮寄“公民不合作运动”系列丛书和其他宣传单张,并单独派发宣传品;被告人王清营积极参与唐荆陵组织的活动,并以自己名义与唐荆陵、袁朝阳共同租赁房屋,作为储藏书籍、研读聚会场所。被告人唐荆陵编辑、印制的《粉碎邪恶轴心》等  “公民不合作运动”系列丛书中具有大量煽动颠覆国家政权,推翻社会主义制度的内容,甚至提出了推翻中国共产党领导、颠覆社会主义制度的一系列具体实施步骤、方法和行动建议。三被告人将上述书籍、宣传单张寄往全国各地进行传播,其行为符合煽动颠覆国家政权罪的主客观要件,均已构成煽动颠覆国家政权罪。故上述辩护意见与事实不符,本院不予采纳。关于三被告人及其辩护人提出的起诉书中指控三被告人2011年前,进行的非法活动不能作为本案的基本事实认定的意见,经查,被告人唐荆陵及袁朝阳于201 1年被立案侦查,后案件被撤销,上述意见理由成立,本院予以采纳。关于被告人袁朝阳及其辩护人提出的被告人袁朝阳归案后如实交代本案事实,以及被告人王清营及其辩护人提出的被告人王清营参与程度较轻的意见,经查属实,本院予以采纳。根据本案的犯罪事实、性质、情节以及社会危害性,依照《中华人民共和国刑法》第一百零五条第二款、第五十五条第一款、第五十六条第一款、第六十一条、第六十四条的规定,判决如下:

一、被告人唐荆陵犯煽动颠覆国家政权罪,判处有期徒刑五年,剥夺政治权利三年(刑期从判决执行之日起计算。判决执行以前先行羁押的,羁押一日折抵刑期一日。即自2014年4月30日起至2019年4月29日止)。

二、被告人袁朝阳犯煽动颠覆国家政权罪,判处有期徒刑三年六个月,剥夺政治权利二年(刑期从判决执行之日起计算。判决执行以前先行羁押的,羁押一日折抵刑期一日。即自2014年5月16日起至201 7年11月15日止)。

三、被告人王清营犯煽动颠覆国家政权罪,判处有期徒刑二年六个月,剥夺政治权利一年(刑期从判决执行之日起计算。判决执行以前先行羁押的,羁押一日折抵刑期一日。即自2014年5月16日起至201 6年11月15日止)。

四、查获的作案工具电脑、书籍、宣传单张等宣传品(详见公安机关扣押清单),予以没收、销毁(由扣押机关广州市公安局执行)。

如不服本判决,可在接到判决书的第二日起十日内,通过本院或者直接向广东省高级人民法院提出上诉。书面上诉的,应当提交上诉状正本一份,副本两份。

本件与原本核对无异

审判长  丁阳开

代理审判员  陈少波

代理审判员  王  婧

书记员  廖燕洁/倪海欣/郭秀萍/罗小雷/郭  馨


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