Saturday, August 5, 2023

Translation: Ding Jiaxi 2021 Subversion Indictment

 Translator' Notes:

  • The Chinese text was generated by OCR'ing low-quality images of the original court judgment posted online. I have attempted to identify and correct the typographical errors that may have been introduced in the OCR process. 
  • Ding Jiaxi is a former civil rights lawyer who, along with fellow civil rights lawyer Xu Zhiyong (who was also prosecuted in this case), co-founded the New Citizens' Movement (中国新公民运动). They would both eventually be found guilty and imprisoned for 12 and 14 years, respectively. As far as I know the PRC government has not made court judgment public.
    These screenshots show that, at some time after Ding's arrest, PRC search engine Baidu began censoring search results for his name, restricting results to a white list of websites under the direct control of the central government and Communist Party.

People's Procuratorate of Linyi, Shandong


Lin Procuratorate First Criminal Indictment (2021) No. Z42

Defendant Ding Jiaxi, male, born [OBSCURED IN ORIGINAL], 1967, Citizen I.D. No. [OBSCURED IN ORIGINAL], Han ethnicity, graduate student education, formerly a lawyer at the Beijing Dehong Law Firm, currently unemployed, household registration and currently residing at [OBSCURED IN ORIGINAL], Beijing. On April 18, 2014, he was sentenced to a fixed term imprisonment of three years and six months by the People's Court of Haidian, Beijing for the crime of gathering crowds to disrupt public venue order. On October 16, 2016 he was released following the fulfillment of his sentence. On December 26, 2019, he was taken into criminal detention by the Public Security Bureau of Yantai, Shandong on suspicion of committing the crime of inciting subversion of state power. On the same day this was converted into residential confinement at a designated location. The arrest was approved by this Office on June 19, 2020, and the arrest was carried out by the Public Security Bureau of Linyi on the same day.

The investigation in this case was concluded by the Public Security Bureau of Linyi with defendant Ding Jiaxi being suspected of the offense of subversion of state power, and it was transferred to this Office on January 19, 2021. After this Office docketed the case, on January 21, 2021 the defendant was informed of his right to retain defense counsel and the relevant legal provisions of pleading guilty and accepting punishment. The defendant was interrogated n accordance with the law, the opinions of the defense counsel were heard and all the case materials were reviewed. this Office returned the case to the investigating agency for supplemental investigation on March 6 and May 21, 2021. The investigating agency completed the investigation on April 6 and June 21, 2021, respectively, and transferred it for prosecution. this Office extended the pre-prosecution examination deadline for 15 days on February 19, May 6, and July 21, 2021, respectively.

It was ascertained through an examination in accordance with the law:

From 2012 to 2013, out of dissatisfaction with our country's socialist system and the ruling status of the Communist Party of China, defendant Ding Jiaxi collaborated with Xu Zhiyong (being handled in another case) and others to establish and develop the "New Citizens Movement" illegal organization, and carried out criminal activities. In 2017, after his release following the completion of his sentence for committing the crime of gathering crowds to disrupt public venue order, Ding Jiaxi did, with the goal of overthrowing our country's current political system, collaborate with Xu Zhiyong to recruit Wang Jiangsong, Zhang Zhongshun, Dai Zhenya, and Chang Weiping (being handled in another case) as key members, establish the "Citizens Movement" illegal organization with Xu Zhiyong and Ding Jiaxi as organizers and leaders, spread a large number of inciting articles; launch trainings for "non-violent" color revolutions, operate the "China Citizens Movement Net," held secret meetings of the "Citizens Movement" illegal organization in Yantai and Xiamen successively to organize, plan, and implement criminal activities to subvert state power and overthrow the socialist order, severely jeopardizing national security and social stability. The specific facts are as follows:

1. From 2012 to 2013, defendant Ding Jiaxi, together with Xu Zhiyong and others, used communication software to organize "Citizen Dinners" and "dinner and drinks" activities in Beijing, Xuzhou, Wuhan and other cities, and recruited members for the "New Citizens Movement" illegal organization.

In 2017, defendant Ding Jiaxi, together with Xu Zhiyong, continued to collude with members of the "New Citizens Movement" illegal organization Wang Jiangsong, Liu Jiacai, and others, and went to Yantai, Xiamen, and other cities to collude with Zhang Zhongshun, Dai Zhenya, and others, changed the name of the "New Citizens Movement" to the "Citizens Movement," established the "Citizens Movement" illegal organization, and organized, planned, and carried out a series of criminal activities to subvert state power.

2. In 2017, defendant Ding Jiaxi colluded with Xu Zhiyong and Hua Ze, a member of a foreign organization, to jointly operate the website "China Citizens Movement Net," add new sections to the website, select website reporters and editors, raise website operating funds, spread a large number of inciting articles written by Xu Zhiyong, and advocate ideologies that subverted state power.

3. In 2018, defendant Ding Jiaxi colluded with  Xu Zhiyong to establish the "Citizens Movement" illegal organization's Telegram group, which acted as the platform for the subversive activities of the illegal organization. Ding Jiaxi and Wu Ming, a member of a foreign organization, successively acted as group administrators, and more than 20 key members including Wang Jiangsong, Zhang Zhongshun, Dai Zhenya, and Hua Ze used this group to contact and communicate. Ding Jiaxi and Xu Zhiyong also organized key members to use Zoom software to hold online illegal meetings and trainings, and plan activities to subvert state power.

In 2018 and 2019, defendant Ding Jiaxi colluded with Xu Zhiyong to instruct Hua Ze to use Zoom software to regularly launch "non-violent" color revolution trainings for members of the "Citizens Movement" illegal organization, and enable the members of the organization to master the ways of "non-violent" color revolution to subvert state power.

4. From September 22 to 23, 2018, defendant Ding Jiaxi colluded with Xu Zhiyong to organize 13 people, including Zhang Zhongshun, Chang Weiping, Wang Jiangsong, and Wu Ming, to hold a secret meeting at Zhang Zhongshun's house in the Yinhe Yihai Tianyuewan Community, High-tech Zone, Yantai, Shandong, organize and plan activities to subvert state power, discuss the experience and lessons of the previous subversive activities of the "New Citizens Movement" and "Citizens Movement," analyze the current problems faced by the "Citizens Movement," and get members of the organization to infiltrate grassroots communities and adopt methods of "non-violent" color revolutions to subvert state power.

5. From December 7th to 8th, 2019, defender Ding Jiaxi colluded with Xu Zhiyong organized 20 people including Zhang Zhongshun, Dai Zhenya, and Wang Jiangsong to hold a secret meeting at Nice Home Party Villas and the Mohe Courtyard in Jimei District, Xiamen, Fujian. Wu Ming and Liu Shuqing participated in the meeting through the Internet. Ding Jiaxi and Xu Zhiyong summarized the circumstances of the activities of "Citizens Movement" illegal organization in 2019, and proposed activity plans for 2020. At the meeting, issues such as organizational development, confrontation with the government, fund raising, and social transformation were planned, and the ways, means and goals to subvert state power were clarified, that is, to infiltrate communities through "non-violent" color revolutions, control grassroots political power and develop so-called "citizen communities" and "nation-wide citizen communities," and ultimately subvert state power.

Evidence determining the aforementioned facts is as follows:

1. Physical Evidence: Laptop computers, USB drives, etc.;
2. Documentary Evidence: "The People's Country," "Citizen Initiative: Election 2021," "Non-Violence," "Glorious China" and other articles, case registration forms, criminal judgments, etc.;
3. Witness Testimony: Testimony of witnesses Wang Jiangsong, Zhang Zhongshun, and others;
4. Defendant Statements and Justifications: Defendant Ding Jiaxi's statements and justifications;
5. Forensic Opinions: Judicial forensic opinion reports, etc.;
6. Transcripts of Crime Scene Investigations, Inspections, and Identification: Remote crime scene investigation transcripts, investigation records, identification transcripts, etc.;
7. Audio-Visual Materials: Surveillance videos, etc.

This Office finds defendant Ding Jiaxi organized, planned, and carried out subversion of state power and overthrow the socialist order, his actions were the commission of an offense under the provisions of Article 105(1) of the "Criminal Law of the People's Republic of China," the criminal facts are clear, the evidence is reliable and copious, and he should bear criminal liability for the offense of subversion of state power. Defendant Ding Jiaxi is a recidivist, and should be punished in accordance with the provisions of Article 65(1) of the "Criminal Procedure Law of the People's Republic of China." Based on the provisions of Article 176 of the "Criminal Procedure Law of the People's Republic of China" this public prosecution is filed, and it is requested that sentence be passed in accordance with the law.

Respectfully Delivered to the Intermediate People's Court of Linyi, Shandong

Prosecutors     Tan Changzhi
                        Li Tao
                        Huang Zheng

Prosecutors Assistant Meng Li

August 5, 2021




被告人丁家喜,男,1967年[OBSCURED IN ORIGINAL]出生,公民身份号码[OBSCURED IN ORIGINAL],汉族,研究生文化,北京德鸿律师事务所原律师,现无业,户籍地、住址地北京市[OBSCURED IN ORIGINAL]。因犯聚众扰乱公共场所秩序罪,于2014年4月18日被北京市海淀区人民法院判处有期徒刑三年六个月,2016年10月16日刑满释放。因涉嫌煽动颠覆国家政权罪,于2019年12月26日被山东省烟台市公安局刑事拘留,次日变更为指定居所监视居住,2020年6月19日经本院批准逮捕,同日由临沂市公安局执行逮捕。















检察官    谭长志

检察官助理 孟丽


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