Translator's Note: Qin Yongpei was a civil rights lawyer who first became a target of police investigations in 2015 during the "7.09 Crackdown." Police detained him in 2019 and on March 31, 2023 a court sentenced him to five years imprisonment and three years deprivation of political rights for inciting subversion of state power on the grounds that he used social media to "sow doubt amongst the populace about our country's State regime and socialist system." While the court's judgment did not specify which social media posts caused such doubts to be sown, the police's prosecution recommendation listed the content of several Sina Weibo and Twitter posts that it deemed "reactionary":
- "The most terrifying thing about Chinese characteristics is that evil controls everything,"
- "The sun is already setting on Chinese characteristics,"
- "Chinese characteristics are a wellspring for hooligans,"
- "The people's congress system is the most shocking system in the world and it is the root of corruption,"
- "Mainland China has chosen a road of no return,"
- "All power belongs to the people, as is the case in Taiwan, but it does not work in mainland China,"
- "Corruption with Chinese characteristics has rotted at the root, and their days are numbered..."
- "100 years is too long, they still want to live for generations to come ....."
- "If they won't die, we won't have a good life,"
- "Action can change China, and they are most afraid that ordinary people will stand up and fight together …"
Below is a full translation of the police's prosecution recommendation. The Chinese version was created by running images of the court judgment through OCR software. I have tried to proof the OCR version, but some errors in transcription may remain.
Public Security Bureau of Nanning, Guangxi Zhuang Autonomous Region
Nan Public Indictment (2020) No. GB001
Criminal suspect Qin Yongpei, male, born September 12, 1969, personal ID No. [INTENTIONALLY OMITTED], Han ethnicity, college education, native of Heng County, Guangxi, household registration No. 2, Jiangbin East Road, Hengzhou Township, Hengxian County, Guangxi, currently residing at No. 1603, Unit 2, Building 2, No. 38, Xining Road, Xixiangtang District, Nanning, formerly managing lawyer of the Guangxi Baijuming Law Firm. In May 2018, criminal suspect Qin Yongpei's lawyer's practice license and lawyer's practice certificate were revoked by the District Justice Department in accordance with the law on the grounds that the obtained his lawyer qualification and lawyer's practice certificate illegally. On November 1, 2019, criminal suspect Qin Yongpei was taken into criminal detention by the Public Security Bureau of Nanning on suspicion of committing the crime of inciting subversion of state power. Based on an authorization from the People's Procuratorate of Nanning, on December 3, 2019, this office carried out his arrest. He is currently being held in custody at the Nanning No. 1 detention center in Guangxi.
The case of criminal suspect Qin Yongpei being suspected of disturbing the peace, defamation, and inciting subversion of state power, was discovered by the public security agency in the course of its work. In the process of investigating, the Xixiangtang Precinct of the Public Security Bureau of Nanning and the Public Security Bureau of Nanning opened cases and carried investigations on July 15, 2015 and October 15, 2019, respectively. Criminal suspect Qin Yongpei was apprehended and brought to justice on November 1, 2019. The investigation in this case has now concluded.
Following an investigation in accordance with the law it has been ascertained:
Owing to his own personal reasons, criminal suspect Qin Yongpei developed a hatred of the Communist Party. He believed that he had been subjected to unfair treatment in cases in which he was acting as a lawyer. After joining a "China human rights lawyers service group" he fell under the influence of Western democratic ideology, and developed resentful thoughts toward China's people's democratic dictatorship, the State regime and the socialist system and public power. He vented his personal dissatisfaction with the State regim and socialist system.
Since 2015, Qin Yongpei has successively registered 78 accounts on Sina.com, including: "Guangxi Lawyer Qin Yongpei," "Baijuming Lawyer Qin Yongpei," "Baijuming Brotherhood," "Pei Gongjun Guishang," "Missing You Positive Energy," "Bare-headed Qin Yongpei," "Bai Juming Black Stone," "Guangxi Fengshui Master," "Taishan Controversy," and "Nanning Fengshui Master."
Without considering the consequences, he edited, posted, and reposted over 900 reactionary statements on the Internet that wantonly manufactured rumors and defamed, including: "The most terrifying thing about Chinese characteristics is that evil controls everything," "The sun is already setting on Chinese characteristics," "Chinese characteristics are a wellspring for hooligans," "The people's congress system is the most shocking system in the world and it is the root of corruption," "Mainland China has chosen a road of no return," "All power belongs to the people, as is the case in Taiwan, but it does not work in mainland China," "Corruption with Chinese characteristics has rotted at the root, and their days are numbered..."
Beginning in May 2017, he downloaded the foreign "Twitter" APP software on his mobile phone, registered and logged in through "wall climbing" methods, and used "Twitter" to post more than 20,000 tweets. It has been ascertained that currently more than 180 inciting statements were published, including "100 years is too long, they still want to live for generations to come ....." "If they won't die, we won't have a good life," and "Action can change China, and they are most afraid that ordinary people will stand up and fight together …," inciting subversion of state power and the overthrow the socialist system, and flagrantly attacking and smearing our Party's former and current State leaders.
In addition, criminal suspect Qin Yongpei also actively intervened in and sensationalized certain sensitive and hot-button issues in China, distributed a large number of inciting and demagogic statements on the Internet, flagrantly engaging in manufacturing rumors, defaming, and inciting others to subvert China's State regime and socialist system, attacking the State legal system, and using public opinion to incite and provoke dissatisfaction and confrontation toward government agencies and judicial agencies at all levels among Internet users who do not know the truth. Since 2015, over a long period of time, he posted a large number of statements on the Internet about incidents such as the Nanning Beibu Gulf building materials market dispute case, the Liuzhou Cheng Jie illegal business case, the Yulin Tan Aijun case, the Heilongjiang Qing'an County train station shooting incident, the Wenzhou Zhang Kai case, and the Changsha Xieyang disrupting court order case, maliciously sensationalizing, distorting facts, and wantonly engaging in manufacturing rumors and defamation, inciting Internet users to pay attention, and provoking people who did not know the truth to hate the State regime and government agencies. This severely jeopardized national security and social stability and severely smeared the image of Party and government agencies, causing severe chaos in social order and public order, causing an extremely offensive political influence.
The evidence determining the aforementioned criminal facts is:
Case acceptance registration forms, Decision to Open a Case, Apprehension Process, household registration evidence, search warrants, search records, materials seized in the case, evidence collection materials, electronic data, electronic evidence investigation records, documentary evidence and screenshots, remote crime scene investigation work records, crime scene investigation records, photographs from the scene, schematic diagrams of the scene, criminal suspect Qin Yongpei's statement and justification, and witness testimony.
The aforementioned criminal facts are, clear, the evidence is reliable and copious, and is sufficient to reach a determination. After being taken into police custody, although criminal suspect Qin Yongpei cooperated with the public security agency to investigate the case, he refused to plead guilty and admit punishment, and it is recommended that the judiciary deal with him more harshly in accordance with the law.
In summary of the foregoing, criminal suspect Qin Yongpei engaged in activities such as manufacturing rumors, defamation, and other means to incite subversion of state power and the overthrow the socialist order, this was the commission of an offense under the provisions of Article 105(2) of the "Criminal Law of the People's Republic of China", and he is suspected of committing the crime of inciting subversion of state power. In accordance with the provisions of Article 162 of the "Criminal Procedure Law of the People's Republic of China," the case will be transferred to the prosecution agency for pre-prosecution examination.
It is hereby addressed to the People's Procuratorate of Nanning, Guangxi Zhuang Autonomous Region
Public Security Bureau of Nanning
1. 5 volumes (868 pages) of case files.
2. Criminal suspect Qin Yongpei is currently being held in custody at the Nanning No. 1 detention center in Guangxi.
March 3, 2020