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.
- According to Ding Jiaxi's spouse Luo Shengchun, the PRC government refused to provide his family a copy of the judgment (see https://twitter.com/luoshch/status/1682289671882125312), and has failed to comply with its own law requiring the judgment to be made public. For more on that see "Censorship of Court Judgments in the PRC."
- Ding's and Xu's activism goes back over a decade. In 2014, a court imprisoned them for "gathering crowds" after they organized small demonstrations calling for reforms to government policies that made it difficult for children of parents without a Beijing household registration to sit for entrance examinations for high school and college. A full translation of Xu's court judgment in that case can be found on p. 287 of my casebook: "State Prosecutions of Speech in the People's Republic of China."
- For more information about this case, see the following blog posts:
People's Procuratorate of Linyi, Shandong
Indictment
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
山东省临沂市人民检察院
起诉书
临检一部刑诉[2021]Z42号
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。
本案由临沂市公安局侦查终结,以被告人丁家喜涉嫌颠覆国家政权罪,于2021年1月19日向本院移送起诉。本院受理后,于2021年1月21日告知被告人有权委托辩护人及认罪认罚的相关法律规定,依法讯问了被告人,听取了辩护人的意见,审查了全部案件材料。本院分别于2021年3月6日、5月21日将案件退回侦查机关补充侦查,侦查机关分别于2021年4月6日、6月21日补充侦查完毕移送起诉。本院分别于2021年2月19日、5月6日、7月21日各延长审查起诉期限15日。
经依法审查查明:
2012年至2013年,被告人丁家喜出于对我国社会主义制度和中国共产党执政地位不满,伙同许志永(另案处理)等人成立、发展“新公民运动”非法组织,实施犯罪活动。2017年,丁家喜因犯聚众扰乱公共场所秩序罪刑满释放后,以推翻我国现行政治制度为目的,伙同许志永吸纳王江松、张忠顺、戴振亚、常玮平(均另案处理)等人为骨干成员,成立以许志永和丁家喜为组织者、领导者的“公民运动”非法组织,传播大量煽动性文章;开展“非暴力”颜色革命培训;运营“中国公民运动网”;先后在烟台、厦门召开“公民运动”非法组织秘密会议,组织、策划、实施颠覆国家政权,推翻社会主义制度的犯罪活动,严重危害国家安全和社会稳定。具体事实如下:
1.2012年至2013年,被告人丁家喜伙同许志永等人通过通讯软件,在北京、徐州、武汉等城市组织“公民聚餐”“同城饭醉”活动,发展“新公民运动”非法组织成员。
2017年,被告人丁家喜伙同许志永,继续与“新公民运动”非法组织成员王江松、刘家财等人勾连,到烟台、厦门等城市与张忠顺、戴振亚等人串联,将“新公民运动”改名为“公民运动”,成立“公民运动”非法组织,组织、策划、实施一系列颠覆国家政权的犯罪活动。
2.2017年,被告人丁家喜伙同许志永、境外组织成员华泽,共同运营网站“中国公民运动网”,增设网站新栏目、选任网站报道员和编辑、筹集网站运营经费,传播许志永撰写的大量煽动性文章,宣扬颠覆国家政权思想。
3.2018年,被告人丁家喜伙同许志永建立“公民运动”非法组织的Telegram群组,作为颠覆活动的非法组织平台,丁家喜、境外组织成员吴明先后担任群主,王江松、张忠顺、戴振亚、华泽等20余名骨干成员使用该群组进行联络、交流;丁家喜、许志永还组织骨干成员使用Zoom软件召开线上非法会议和培训,策划颠覆国家政权活动。
2018年至2019年,被告人丁家喜伙同许志永指使华泽使用Zoom软件,定期为“公民运动”非法组织成员开展“非暴力”颜色革命培训,让组织成员掌握“非暴力”颜色革命的方式,颠覆国家政权。
4.2018年9月22日至23日,被告人丁家喜伙同许志永组织张忠顺、常玮平、王江松、吴明等13人,在山东省烟台市高新区银和怡海天越湾小区张忠顺的别墅内召开秘密会议,组织、策划颠覆国家政权活动,总结前期“新公民运动”“公民运动”颠覆活动的经验教训,分析目前“公民运动”面临的问题,要求组织成员向基层社区渗透,采取“非暴力”颜色革命的方式,颠覆国家政权。
5.2019年12月7日至8日,被告人丁家喜伙同许志永组织张忠顺、戴振亚、王江松等20人,在福建省厦门市集美区奈斯轰趴别墅、墨和小院召开秘密会议,吴明、刘书庆通过网络参会。丁家喜、许志永总结2019年“公民运动”非法组织的活动情况,提出2020年的活动计划,会上针对组织发展、对抗政府、经费筹集、社会转型等议题进行策划,明确颠覆国家政权的方式、方法和目标,即通过“非暴力”颜色革命渗透社区、把持基层政权,发展所谓的“公民社群”“全国公民共同体”,最终颠覆国家政权。
认定上述事实的证据如下:
1.物证:笔记本电脑、U盘等;2.书证:《人民的国家》《公民倡议:竞选2021》《非暴力》《美好中国》等文章、受案登记表、刑事判决书等;3.证人证言:证人王江松、张忠顺等人的证言;4.被告人供述和辩解:被告人丁家喜的供述和辩解;5.鉴定意见:司法鉴定意见书等;6.勘验、检查、辨认笔录:远程勘验笔录、检查笔录、辨认笔录等;7.视听资料:监控视频等。
本院认为,被告人丁家喜组织、策划、实施颠覆国家政权、推翻社会主义制度,其行为触犯了《中华人民共和国刑法》第一百零五条第一款之规定,犯罪事实清楚,证据确实、充分,应当以颠覆国家政权罪追究其刑事责任。被告人丁家喜系累犯,应依照《中华人民共和国刑事诉讼法》第六十五条第一款之规定处罚。根据《中华人民共和国刑事诉讼法》第一百七十六条的规定,提起公诉,请依法判处。
此致
山东省临沂市中级人民法院
检察官 谭长志
李涛
黄政
检察官助理 孟丽
2021年8月5日
