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Suqian Intermediate People's Court of Jiangsu Province
Criminal Verdict
Suqian Interm. Crim. 2nd First Trial No. 2 (2009)
The prosecuting organ is the Suqian People’s Procuratorate.
Defendant Guo Quan, male, born May 8, 1968, in Nanjing, Jiangsu Province, ID number 320106196805080817, Han ethnicity, graduate education, formerly a librarian at Nanjing Normal University’s School of Literature, resides at Apt. 1001, 2-1 Jinxin Gardens, Gulou District, Nanjing. Because he was suspected of subversion, he was placed under criminal detention on November 13, 2008, and [formally] arrested on December 19 of the same year. He is currently being held in the Nanjing Detention Center.
The defense attorneys are Si Weijiang, of Shanghai’s Dabang Law Firm, and Guo Lianhui, of Jiangxi’s Mingli Law Firm.
In Suqian Proc. Crim. Indictment No. 17 (2009), the Suqian People’s Procuratorate charged defendant Guo Quan with the crime of subversion and sent the case to this court for prosecution on June 8, 2009. After filing the case on June 10 in accordance with a jurisdiction assignment decision by the Jiangsu Higher People’s Court, this court formed a collegiate bench in accordance with the law and tried the case in open court on August 7. The Suqian People’s Procuratorate assigned prosecutor Xia Wei and assistant prosecutors Liu Zhaodong and Zhao Jing to appear in court on behalf of the prosecution. Defendant Guo Quan and his defense attorneys Si Weijiang and Guo Lianhui also appeared in court to take part in the proceedings. During the adjudication period, this court requested a one-month extension to try the case from the Jiangsu Higher People’s Court, and the prosecution subsequently recommended that the adjudication period be extended and this court decided to extend the adjudication period in accordance with the law. Adjudication was resumed on September 16, 2009, and the trial has now been concluded.
The Suqian People’s Procuratorate charged that: Between the second half of 2007 and November 2008, defendant Guo Quan, in order to subvert state power and overthrow the socialist system, authored a series of articles under the title “Herald of Democracy,” which he then disseminated multiple times via the Internet. He publicly posted the “Party Constitution (and Policy Agenda) of the China New Democracy Party” and “Agenda for Party-Building and Party Affairs of the China New Democracy Party (CNDP)” on the Internet, appointed himself as “interim [party] chairman,” and actively developed the “China New Democracy Party” and recruited members. He used the Internet to plot activities such as the “Blue Movement of the Democratic Revolution” and the “Seven-Day At-Home Revolution.” And he instigated overthrow of the socialist system under the name of assisting certain groups with “rights defense.”
In support of these allegations, the Suqian People’s Procuratorate questioned defendant Guo Quan in court, presented relevant material and documentary evidence, and read from the statements of witnesses who did not appear in court, investigation records, and multiple statements made by defendant Guo Quan during the investigation phase. The prosecution maintains that the actions of defendant Guo Quan are in violation of the provisions of Article 105(1) of the Criminal Law of the People's Republic of China [PRC], constituting the crime of subversion, and it requested this court to punish [him] in accordance with the law.
Defendant Guo Quan did not challenge the prosecution’s allegations that he authored a series of articles under the title “Herald of Democracy” and disseminated them multiple times via the Internet or that he announced the “Party Constitution of the China New Democracy Party” and the “Agenda for Party-Building and Party Affairs of the China New Democracy Party,” organized the China New Democracy Party, and appointed himself “interim [party] chairman.” However, he stated in defense that his [actions] did not constitute the crime because: he had neither subjective intent nor objective actions to subvert state power and overthrow the socialist system; the online organization of the “China New Democracy Party” was an exercise of his constitutional right of association; the “Herald of Democracy” series of articles written [by him] contained nothing to subvert state power or overthrow the socialist system; articles concerning the “Seven-Day At-Home Revolution” and the “Blue Movement of the Democratic Revolution” contained nothing to subvert state power or overthrow the socialist system; and informing “rights defense” groups that their interests had been damaged by the institutional system is not [advocating] overthrowing the socialist system.
Defense attorneys for defendant Guo Quan argued that defendant Guo Quan’s [actions] did not constitute the crime because: Guo Quan had neither subjective intent nor objective actions to subvert state power and overthrow the socialist system; his open posting of the “Party Constitution of the China New Democracy Party” and the “Agenda for Party-Building and Party Affairs of the China New Democracy Party” was not illegal and was an act falling under the category of freedom of speech and association; the “Seven-Day At-Home Revolution” and the “Blue Movement of the Democratic Revolution” only promoted democratic ideas and had no social harm; and there is no evidence to show that he instigated overthrow of the socialist system in the name of rights defense.
It was determined during the course of the trial that: Between the second half of 2007 and November 2008, defendant Guo Quan wrote a series of articles under the title “Herald of Democracy” that vilified the socialist system currently in place in China, attacked China’s political system as “one-party authoritarian dictatorship,” and threatened to “end all existing authoritarian dictatorships.” He publicly posted the “Party Constitution (and Policy Agenda) of the China New Democracy Party” and “Agenda for Party-Building and Party Affairs of the China New Democracy Party (CNDP)” on the Internet, illegally organized the “China New Democracy Party,” appointed himself as “interim [party] chairman,” actively recruited Liu Chenggong, Mou Hao, and Yang Shizhen as CNDP members, recommended that Kong Qiang and Wang Xiqiang [respectively] represent the party in Shandong and Zhejiang, and called on CNDP members to pay “special party dues” to support the “Omni Rights Defense Workshop.” He used the Internet to plot activities such as the “Seven-Day At-Home Revolution” and the “Blue Movement of the Democratic Revolution,” through which he vainly attempted to subvert state power and overthrow the socialist system by asking “the entire nation to stay at home and not cooperate with or serve dictators, to stockpile food and drink for seven days, and to quietly await a democratic China.” And he instigated overthrow of the socialist system under the name of assisting certain groups with “rights defense.”
The aforementioned facts are confirmed by the following evidence, which was raised and examined in court:
1. Several items of documentary evidence, identified by defendant Guo Quan and confirmed by his signature, including: “Herald of Democracy No. 88: Party Constitution (and Policy Agenda) of the China New Democracy Party,” “Herald of Democracy No. 200: Agenda for Party-Building and Party Affairs of the China New Democracy Party (CNDP),” “Herald of Democracy No. 67: Whoever Now Still Believes that China’s Society is Socialist Should Enter Hell,” “Herald of Democracy No. 129: Lenin and Huntington Have Met in China, the Chinese Communist Party’s Dictatorship Will Soon End,” “Herald of Democracy No. 287: All China New Democracy Party Members Please Pay Special Party Dues to ‘Omni Rights Defense Workshop.’”
2. The testimony of witnesses Liu Chenggong, Mou Hao, Yang Shizhen, Pang Ben, Guo Jian, Li Wenbin, Ye Haijun, Zhang Yongfeng, Wu Yongjian, Chen Xudong, Qian Feng, Kong Qiang, Wang Xiqiang, Lin Nianjin, and Xu Xuefeng, all confirming that defendant Guo Quan sent them articles in the “Herald of Democracy” series. Furthermore, Liu Chenggong confirmed that after Guo Quan replied to his inquiry, [Liu] identified himself as a CNDP member and set up the “China New Democracy Party Forum” (Google group) and “Herald Main Group” online and promoted the “Herald of Democracy” articles in the name of the “CNDP Propaganda Department.” Mou Hao confirmed that after joining the CNDP, he set up the “Voice of Huaxia” magazine, composed the “China New Democracy Party Anthem,” and wrote “National Salvation through General Elections” and “On a Referendum to Establish a Constitution for the Federated States of Greater China”; that he sent the aforementioned documents to Guo Quan and received Guo’s approval; and that he promoted the CNDP to several people. Yang Shizhen confirmed that Guo Quan asked him to represent the CNDP in the Linyi area and be responsible for CNDP promotion and recruitment and that he promoted the CNDP agenda and unsuccessfully recommended that a good friend join the party. Pang Ben and Guo Jian confirmed that they considered themselves CNDP members because they agreed with the CNDP party constitution and that they were in contact with Guo Quan as CNDP members. Guo Jian asked Guo Quan if he could be responsible for the CNDP in Shanxi, and Guo Quan agreed. Li Wenbin confirmed that he wrote a letter to Guo Quan asking to set up a branch of the CNDP in Datong, and Guo Quan encouraged him to develop the CNDP grassroots organization and recruit party members. Ye Haijun, Zhang Yongfeng, and Wu Yongjian confirmed that they contacted Guo Quan over the Internet or by telephone and, receiving Guo Quan’s replies, considered themselves CNDP members. Kong Qiang, Wang Xiqiang, and Lin Nianjin confirmed that Guo Quan recommended they each be responsible for the CNDP in Shandong and Zhejiang and head of the “party school,” respectively, as well as recruit party members and groom CNDP cadres. Xu Xuefeng confirmed that Guo Quan wanted him to be a so-called “second echelon” and run for president along with Guo Quan.
3. The testimony of witnesses Hu Zhengyu, Gong Lei, and Wang Kang, confirming that Mou Hao frequently promoted the China New Democracy Party and its party constitution to them.
4. The testimony of witnesses Lan Hongbo, Yang Yong, and Li Jing, confirming that they either received or read articles from Guo Quan’s “Herald of Democracy” series using QQ or other Internet tools.
5. The testimony of witnesses Xu Xiangqian, Liu Chenggong, and Zhang Yongfeng, respectively confirming that Guo Quan wrote an article calling on CNDP party members to pay CNDP party dues in support Xu Xiangqian’s “Omni Rights Defense Workshop.” In all, Xu Xiangqian received more than 3500 yuan and a computer sent by Guo Quan. Liu Chenggong and Zhang Yongfeng actively paid “special party dues” in response to Guo Quan’s call.
6. The testimony of witnesses Ye Haijun, Mou Hao, and Kong Mingming, confirming that after reading Guo Quan’s articles concerning the “Seven-Day At-Home Revolution” and the “Blue Movement of the Democratic Revolution,” they believed that Guo Quan’s “Seven-Day At-Home Revolution” was calling on workers to strike, students to boycott classes, and merchants to close up shop.
7. The testimony of witnesses Sun Guangyou, Chen Bing, Wang Shiming, and Liu Fajin, confirming that they had used the telephone or Internet to report problems such as those of demobilized military cadres and enterprise labor to Guo Quan and that Guo told them that their situations were caused by the current system and claimed that only a democratic revolution and change to the current system would be able to solve these problems.
8. Material evidence in the form of a Shenzhou-brand laptop computer, a Mingji-brand laptop computer, a black desktop PC and server pair, a Xinke-brand USB drive, and two mobile telephones, along with a search record, a work record of electronic evidence investigation, a record of investigation photographs, and a list of electronic evidence acquired, all of which were issued by the public security organ, confirming that the public security organ carried out searches of defendant Guo Quan’s home at Apt. 1001, 2 Jinxin Gardens and his workplace at Nanjing Normal University, during which the aforementioned items of Guo Quan’s were seized, and [also confirming] that investigation found a large number of “Herald of Democracy” textual documents on the computers and USB drive, as well as records that Guo Quan used QQ, MSN, and Skype instant messaging software accounts to send “Herald of Democracy” articles to others. These were identified and confirmed by Guo Quan.
9. Records of remote investigation work issued by the public security organ, confirming that defendant Guo Quan’s “Herald of Democracy” series of articles, including “Herald of Democracy No. 47: China Must Carry Out the Democratic Institution of Multiparty Elections Soon, Else the Rising Number of Popular Uprisings Will Sweep Away Autocratic Rule,” were publicly posted on websites such as “China Affairs,” “Epoch Times,” “Boxun,” “Voice of Hope,” “Radio Free Asia,” and “Secret China.”
10. Records of electronic evidence investigation work, electronic data recovery reports, judicial certifications, identification records, identification photographs, and evidence-transfer records, all issued by the public security organ and confirming that searches for electronic evidence on the computers of Yang Shizhen, Liu Chenggong, Xu Xiangqian, Mou Hao, and Chen Xudong, turned up articles from the “Herald of Democracy” [series].
11. Records of remote investigation work issued by the public security organ and Internet screenshots, all identified by Liu Chenggong and confirming that Mou Hao sent emails [containing] “China New Democracy Party Anthem,” “National Salvation through General Elections,” and “On a Referendum to Establish a Constitution for the Federated States of Greater China” and that Guo Quan received, open, and read them; that there were a large number of “Herald of Democracy” documents in Liu Chenggong’s email box; and that [Liu] had used names such as “Chenggong” and “CNDP” to post “Herald of Democracy” articles on overseas websites.
12. Records lawfully obtained by the public security organ of online chats between Guo Quan and Liu Chenggong, Xu Xuefeng, Yang Shizhen, and Wang Xiqiang, confirming that Guo Quan sent them articles in the “Herald of Democracy” series and that he asked Yang Shizhen to serve as “interim chairman” of the CNDP branch in Linyi, Shandong, and recommended that Xu Xuefeng run for president with him and be a so-called “second echelon.”
13. Records lawfully obtained by the public security organ of mobile phone text messages between Guo Quan and Mou Hao, Pang Ben, and Guo Jian, confirming that Mou Hao and Guo Jian reported the formation of the “China New Democracy Party Constitution Drafting Committee for the Federated States of Greater China” and the “Shanxi party branch” and that Guo Quan clearly requested that party member Pang Ben not join the Communist Party as an individual.
14. Bank card transaction details and remittance records lawfully obtained by the public security organ for Xu Xiangqian, Liu Chenggong, Zhang Yongfeng, and Chen Yao, confirming that Liu Chenggong, Zhang Yongfeng, and Chen Yao respectively sent 100 yuan, 500 yuan, and 1000 yuan to Xu Xiangqian.
15. A Nanjing Public Security Bureau Public Security Administrative Penalty Decision and record of penalty notice, confirming that on May 13, 2008, defendant Guo Quan took advantage of the May 12 Wenchuan earthquake to spread online rumors in the name of a fictitious “China New Democracy Relief Committee” made up of several dozen experts, and he was given a 10-day administrative detention for disturbing public order on May 18, 2008.
16. A “Letter of Request to Carry Out Additional Investigation in the Suspected Subversion Case of Guo Quan” issued by the Nanjing Public Security Bureau, confirming that during the period of additional investigation, the Suqian Public Security Bureau requested that the Nanjing Public Security Bureau carry out investigations [on its behalf].
17. Details of the case’s discovery and solution history and details of arrest, all issued by the public security organ and confirming that defendant Guo Quan was taken into custody [and did not surrender to police].
18. Guo Quan’s household registration information and a “Memorandum regarding Guo Quan’s Employment Status” issued by Nanjing Normal University’s Human Resources Department, confirming that Guo Quan was born on May 8, 1968, and that prior to this case he had been employed as a librarian in the Literature School Library at Nanjing Normal University.
19. Statements made by defendant Guo Quan during the investigative phase, confirming that beginning from the second half of 2007, he used the Internet to organize the “China New Democracy Party,” aimed at opposing the “dictatorial rule of the Communist Party.” He actively developed the party organization and recruited members, and he posted large numbers of online articles in a series entitled “Herald of Democracy” and organized activities such as the “Seven-Day At-Home Revolution” and the “Blue Movement of the Democratic Revolution.” He instilled certain “rights defense” groups with the idea that the cause of their current situations was the “dictatorial rule of the Communist Party.” [He also confirmed the identities of] his online instant messaging accounts on QQ, MSN, and Skype.
This court has determined that defendant Guo Quan went online to organize the illegal “China New Democracy Party,” published a large number of reactionary articles, recruited party members, plotted actions such as the “Seven-Day At-Home Revolution” and the “Blue Movement of the Democratic Revolution,” and organized, plotted, and carried out [actions to] subvert state power and overthrow the socialist system. His actions constitute the crime of subversion, his crimes are major, and he should be punished in accordance with the law. With respect to the Suqian People’s Procuratorate’s indictment charging defendant Guo Quan with the crime of subversion, the facts are clear, the evidence is credible and sufficient, and the determination is accurate. With respect to the defense argument of defendant Guo Quan and his defense attorneys that Guo Quan had neither subjective intent nor objective actions to subvert state power and overthrow the socialist system, investigation confirms that there is evidence to verify that defendant Guo Quan organized, plotted, and carried out actions to subvert state power and overthrow the socialist system, including material evidence, documentary evidence, witness testimony, investigation records, and multiple statements made by Guo Quan during the investigative stage. This evidence was lawfully obtained, is mutually corroborative, and is sufficient [basis] for making determinations [of fact]; this defense argument made by defendant Guo Quan and his defense attorneys [therefore] cannot be accepted. With respect to the defense argument of defendant Guo Quan and his defense attorneys that Guo Quan’s actions do not constitute a crime because his organization of a party and publication of articles online was the lawful exercise of his constitutional rights to freedom of association and freedom of speech, investigation shows that the rights to freedom of association and freedom of speech are political rights granted to citizens under China’s constitution, but the constitution also clearly stipulates that citizens shall not damage the interests or security of the state in exercising those rights. Defendant Guo Quan employed methods such as illegally organizing the “China New Democracy Party,” publishing articles, recruiting party members, and plotting the “Seven-Day At-Home Revolution” to subvert state power, overthrow the socialist system, and endanger state security. His actions meet the main constitutive criteria for the crime of subversion, and thus this defense argument made by defendant Guo Quan and his defense attorneys cannot be accepted. Therefore, in accordance with Articles 105(1), 55(1), 56(1), and 64 of the PRC Criminal Law, [this court] rules as follows:
I. Defendant Guo Quan is sentenced to 10 years’ imprisonment with subsequent deprivation of political rights for three years for the crime of subversion. (The prison term is to be calculated from the day the verdict is implemented, with each day spent in detention prior to the verdict’s implementation to count as one day of the prison term; therefore, it will run from November 13, 2008, to November 12, 2018).
II. All seized items such as computers or USB drives used in the case shall be confiscated.
If this verdict is not accepted, an appeal may be filed within ten days of the second day following the receipt of this verdict, either to this court or directly to the Jiangsu Higher People’s Court. In the case of a written appeal, the original appellate petition must be submitted together with two copies.
Presiding Judge: Liu Guozhi Judicial Officer: Chong Jia Judicial Officer: Yang Haifeng
October 16, 2009
Court Clerk: Dai Jianjun
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