China Change, January 29, 2026
In December 2019, Xu Zhiyong, Ding Jiaxi, and more than 20 other Chinese lawyers and ordinary citizens held a two-day gathering in the southeastern city of Xiamen, Fujian province, later referred to as the “Xiamen Gathering.” Shortly afterward, Chinese authorities launched arrests targeting the participants. Many of them fled China or went into hiding. Ding Jiaxi and a few others were arrested in December, and Xu Zhiyong in February 2020 after hiding for two months.
The detainees were taken to Yantai, Shandong province, for secret detention, where they were subjected to torture, including blasting Xi Jinping’s speeches at them 24 hours a day for days on end. They were charged with the crime of “subverting state power.”
On June 22 and 24, 2022, the Linyi Municipal Intermediary Court in Shandong province held secret trials of Xu and Ding respectively, citing “involving state secrets” for closed-door hearings. It was not until April 10, 2023, nearly 10 months after the trials, that the court pronounced the verdict. Xu Zhiyong was sentenced to 14 years in prison, and Ding Jiaxi 12 years. After the verdict, defense lawyers were only permitted to inform the families of the prison terms but forbidden to share the judgment document with them.
Recently, we obtained the text of Xu Zhiyong’s verdict and have translated it in full into English. Two repeated phrases in the witnesses’ testimonies caught our attention: the New Citizens Movement being an “illegal organization” and “color revolution.” China Change has written about the New Citizens Movement for over a decade—including the trials in 2013–2014—and it was never before characterized as, let alone proven to be, an “illegal organization” by the authorities, because there had never been such an organization. Nor has Xu Zhiyong ever used the phrase “color revolution” in his writings except once when he points out how the regime guards against a similar fate of the Soviet Bloc and how, in the Mao era, the Communist Party held a similar fear of “peaceful evolution.” It is clear that the verdict attempts to paint Chinese citizens’ normal activities in a criminal light.
During the translation process, we privately spoke with two of the several witnesses named in the verdict and learned that these phrases were not their own voluntary expressions. Instead, they resulted from police coercion—or outright police fabrication—with the witnesses forced to sign against their will. We are not surprised that this was the case. After all, we have interviewed dozens of Chinese political prisoners over the years, and forced confessions and fabricated testimonies are the norm, not the exception.
For important context regarding this verdict, we invite you to read Xu Zhiyong’s letter of appeal — “Whither China?” A translation of Xu Zhiyong’s A Beautiful China, a collection of 24 essays, is available here.
The Editors
Linyi Municipal Intermediate People’s Court, Shandong Province
Criminal Judgment
(2021) Shandong 13 Criminal Law First Instance No. 44
Public prosecuting authority: Linyi Municipal People’s Procuratorate of Shandong Province.
Defendant: Xu Zhiyong (许志永), formerly known as Xu Zhiyong (许志勇), male, Han ethnicity, born on March 2, 1973, with a postgraduate level of education, unemployed, registered household address in Haidian District, Beijing Municipality…… . Xu was convicted of the crime of gathering a crowd to disturb public order and sentenced to four years of fixed-term imprisonment by the Beijing No. 1 Intermediate People’s Court on January 26, 2014, and was released upon completion of his sentence on July 15, 2017. On February 15, 2020, he was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of inciting subversion of state power, and on the following day the measure was changed to Residential Surveillance at a Designated Location [RSDL]. On May 7, 2020, the case was lawfully transferred to the Yantai Municipal Public Security Bureau of Shandong Province for handling, and on the same day he was placed under Residential Surveillance at a Designated Location [RSDL] by the Yantai Municipal Public Security Bureau. On June 19, 2020, jurisdiction was designated by the Shandong Provincial Department of Public Security to the Linyi Municipal Public Security Bureau, and on the same day he was formally arrested with the approval of the Linyi Municipal People’s Procuratorate. He is currently detained at the Linmu County Detention Center, Shandong Province.
Defense counsel: Zhang Lei (张磊), lawyer at Beijing Tongling Zhenghan Law Firm.
Defense counsel: Wang Ying (王瑛), lawyer at Beijing Jingdu Law Firm.
The Linyi Municipal People’s Procuratorate of Shandong Province, by its Indictment No. Z43 [2021], charged the defendant Xu Zhiyong with the crime of subversion of state power and, on August 5, 2021, initiated a public prosecution before this Court. In accordance with the designation of jurisdiction decision by the Shandong Provincial High People’s Court, this Court docketed and accepted the case on August 10 of the same year, lawfully formed a collegiate panel, and held a pretrial conference on June 17, 2022. As the case involved state secrets, the Court conducted a closed trial on June 22, 2022. The Linyi Municipal People’s Procuratorate assigned prosecutors Tan Changzhi (谭长志), Li Tao (李涛), and Huang Zheng (黄政) to appear in court to support the public prosecution. The defendant Xu Zhiyong and his defense counsel Zhang Lei, as well as former defense counsel Fang Xiangui (方县桂), appeared in court to participate in the proceedings. Following the conclusion of the trial, Xu Zhiyong terminated his attorney-client relationship with Fang Xiangui and separately retained Wang Ying as his defense counsel. Wang Ying submitted written defense opinions to this Court. With the approval of the Shandong Provincial High People’s Court and the Supreme People’s Court, the trial period was lawfully extended. Following deliberation by the collegiate panel and discussion and decision by this Court’s Adjudication Committee, the case has now been concluded.
The Linyi Municipal People’s Procuratorate alleges that from 2012 to 2013, the defendant Xu Zhiyong, out of dissatisfaction with China’s socialist system and the ruling status of the Chinese Communist Party, conspired with Ding Jiaxi (丁家喜) (handled in a separate case) and others to establish and develop the illegal organization known as the “New Citizens Movement” and carried out criminal activities. After Xu Zhiyong completed his sentence for the crime of gathering a crowd to disrupt public order, he again, with the objective of overthrowing China’s existing political system, conspired with Ding Jiaxi to recruit Zhang Zhongshun (张忠顺) and Chang Weiping (常玮平) (both handled in separate cases) and others as core members, forming an illegal organization with Xu Zhiyong and Ding Jiaxi as its organizers and leaders. They wrote and disseminated a large number of inciting articles; produced films; conducted training in nonviolent “color revolution” activities; established and operated websites such as the “China Citizens’ Movement Network” (中国公民运动网) and Xu Zhiyong’s personal blog; and successively held secret meetings in Yantai and Xiamen. They organized, planned, and carried out criminal activities aimed at subverting state power and overthrowing the socialist system, seriously endangering national security and social stability.
With regard to the above allegations, the public prosecution authority read and presented in court evidence including physical evidence, documentary evidence, witness testimony, appraisal opinions, records of inspections, examinations, and identifications of interrogation transcripts, audiovisual materials, and the defendant’s confessions and explanations. The prosecution holds that Xu Zhiyong organized, planned, and carried out acts to subvert state power and overthrow the socialist system, and that his conduct violates Article 105, Paragraph 1 of the Criminal Law of the People’s Republic of China, and that he should be held criminally liable for the crime of subversion of state power. As Xu Zhiyong is a recidivist, punishment should be imposed in accordance with Article 65, Paragraph 1 of the Criminal Law of the People’s Republic of China. The public prosecution authority requests that this Court impose a sentence according to the law.
The defendant Xu Zhiyong argued in his defense that he did not establish or develop any illegal organization; that the viewpoints expressed in his articles and books, as well as his remarks made during the gatherings in Yantai and Xiamen, constituted the exercise of citizens’ right to freedom of expression; that he did not organize or carry out acts to subvert state power; and that his conduct does not constitute the crime of subversion of state power. He further contended that the principal evidence used to accuse him of a crime was obtained illegally and therefore cannot serve as the basis for a conviction.
The defense counsel raised the following defense arguments: Xu Zhiyong did not establish or develop any illegal organization; his writing and dissemination of articles constituted the exercise of his freedoms of speech and publication; the gatherings in Yantai and Xiamen were social gatherings among friends rather than secret meetings aimed at subverting state power; Xu Zhiyong lacked the subjective intent to subvert state power and undertook no concrete actions toward that end, and therefore his conduct does not constitute a crime; and the principal evidence in this case consists of illegal evidence and cannot be used as grounds for a conviction. The defense counsel presented in court relevant materials from Wang Jiangsong (王江松), Zhang Zhongshun, Dai Zhenya (戴振亚), Li Wei (李蔚), and Liu Jiacai (刘家财), as well as statements from Wu Ming (吴明) and Hua Ze (华泽), to prove that Xu Zhiyong’s conduct does not constitute a crime.
Upon trial, it was ascertained that:
From 2012 to 2013, the defendant Xu Zhiyong, out of dissatisfaction with China’s socialist system and the ruling status of the Chinese Communist Party, conspired with Ding Jiaxi (handled in a separate case) and others to establish and develop the illegal organization known as the “New Citizens Movement” and to carry out criminal activities. In 2014, Xu Zhiyong was sentenced to four years of fixed-term imprisonment for the crime of gathering a crowd to disrupt public order. After completing his sentence, Xu Zhiyong, with the objective of overthrowing China’s existing political system, conspired with Ding Jiaxi to recruit Zhang Zhongshun and Chang Weiping (both handled in separate cases) and others as core members, continued to develop the illegal organization, and established Telegram groups for communication and coordination. Hua Ze used Zoom software to regularly conduct training for organization members in nonviolent “color revolution” activities. Xu Zhiyong disseminated inciting articles he authored — such as “On Nonviolence,” of which the primary content advocated “color revolution” — through his personal blog and websites including the China Citizens Movement Network. He also produced videos that attacked and defamed China’s political system and promoted the advocacy of subverting state power.
From September 22 to 23, 2018, the defendant Xu Zhiyong, together with Ding Jiaxi, organized Zhang Zhongshun, Chang Weiping, and more than ten others to hold a secret meeting at a villa owned by Zhang Zhongshun in the High-Tech Zone of Yantai City, Shandong Province. At the meeting, they summarized the experience and lessons of their prior activities aimed at subverting state power, analyzed the problems faced by the “citizens movement,” and required organization members to infiltrate grassroots communities and to subvert state power through nonviolent “color revolution” methods.
From December 7 to 8, 2019, the defendant Xu Zhiyong, together with Ding Jiaxi, organized Zhang Zhongshun, Chang Weiping, and more than twenty others to hold a secret meeting in Jimei District, Xiamen City, Fujian Province. At the meeting, they summarized activities carried out in 2019, proposed activity plans for 2020, and planned matters concerning organizational development, confrontation with the government, fundraising, and “social transformation.” They clarified the means, methods, and objectives for subverting state power—namely, infiltrating communities through nonviolent “color revolution” tactics, controlling grassroots political power, developing “citizens’ communities” and a “national citizens’ commonwealth,” and ultimately achieving the objective of subverting state power.
The above facts are supported by the following evidence, which was presented and examined during the trial and confirmed by this Court:
1. Witness Testimony
(1) The testimonies of witnesses Liu Jiacai, Liu Shuqing (刘书庆), Huang Zhiqiang (黄志强), Xue Rongmin (薛荣民), Wang Yayun (王亚云), Li Feng (李峰), Liu Yunxin (刘运新), Ji Shaohong (纪少红), Yang Di (杨迪), Liu Changxiang (柳长翔), and Li Qiaochu (李翘楚) show that after their release from prison, Xu Zhiyong and Ding Jiaxi made contacts in cities including Beijing, Shanghai, and Yichang, promoted advocacy for subverting state power, and recruited members for their organization.
(2) The testimony of witness Wang Jiangsong shows: In 2012, Xu Zhiyong, together with Ding Jiaxi and others, founded and initiated the “New Citizens Movement.” After Xu Zhiyong and Ding Jiaxi were released from prison, they continued to carry out activities related to the “New Citizens Movement.” Xu Zhiyong’s advocacy was to organize “social movements” and “civil resistance” under the slogans of “peaceful, rational, and nonviolent,” with the aim of denying and overthrowing the existing political system. Xu Zhiyong and others explicitly proposed the concept of “organized without organization,” meaning the establishment of a nationwide communication and coordination mechanism to horizontally unite “popular resistance” across different regions and social strata. They operated a “New Citizens Movement” website overseas, and Ding Jiaxi stated that Hua Ze served as an editor for the website. In April or May 2018, Ding Jiaxi added me to a “Citizens Movement” Telegram group, which was the primary platform used by Xu Zhiyong, Ding Jiaxi, and their organization members for communication. After joining the group, I encountered Xu Zhiyong and Ding Jiaxi inviting Hua Ze to give lectures on “nonviolent resistance,” requiring us to learn the principles and concrete practices of “nonviolent resistance,” so that people like us could initiate and lead “nonviolent resistance” among the public in China, bring about a “color revolution,” cause the current government to collapse, and realize the peaceful transformation sought by our “Citizens Movement” organization. In September 2018, Ding Jiaxi invited me to attend a meeting at a seaside villa owned by Zhang Zhongshun in the High-Tech Zone of Yantai City. At the meeting, Xu Zhiyong and Ding Jiaxi stated that engaging in the “Citizens Movement” involved risks and reiterated that the “New Citizens Movement” was not illegal. On the morning of December 7, 2019, the Xiamen meeting began, with 22 participants in attendance. Ding Jiaxi spoke on topics including “human resources,” “digital currency,” “websites,” the “Outstanding Citizen Award,” and “nonviolent principles.” Xu Zhiyong delivered a thematic speech consisting of three parts: first, ideological concepts; second, team building; and third, “think tank” research. On the afternoon of December 7, the meeting agenda focused on discussing the topic of “how to deconstruct the Chinese Communist Party’s control.” The meeting on December 8, 2019, was held at a community activity center next to the guesthouse where we were staying in Xiamen. The discussion focused on three topics: “the development of China’s Citizens Movement toward “organizing without organization,” “formulating Telegram group rules,” and “raising funds.”
(3) The testimony of witness Zhang Zhongshun shows: The series of trainings on “equal rights and nonviolent resistance” led by the “New Citizens Movement” organization, as well as activities such as the Yantai and Xiamen gatherings, had as its most fundamental objective ultimately overthrowing the leadership of the Chinese Communist Party, subverting the people’s regime, and realizing a “color revolution” in China. Xu Zhiyong and Ding Jiaxi were the principal core members and leaders of the “New Citizens Movement” organization. The “New Citizens Movement” repeatedly organized illegal gatherings and used so-called “rights defense” activities to build momentum, expand its influence, and attract more participants. The “Citizens Movement Website” was in fact the main overseas publicity platform of the “Citizens Movement,” frequently publishing large numbers of ideological articles and books related to the organization, and Xu Zhiyong often posted links to his articles on Twitter. In April 2018, Ding Jiaxi added me to a Telegram group called the “Group for the Exchange of Ideas” and I participated in Zoom chatroom training sessions on “nonviolence” conducted by Hua Ze, in preparation for applying such methods in various social movement practices of the “Citizens’ Team,” including using “nonviolent” strategies to effect changes in China’s social system. The Yantai gathering in September 2018 was initiated by Ding Jiaxi. At the meeting, Xu Zhiyong elaborated in detail on the concepts of “freedom, justice, and love,” stating that those of us attending the gathering as “early-awakened citizens” needed to take root in communities and at the grassroots level for the “New Citizens Movement” to have a foundation. Xu Zhiyong stated that “open politics” should be pursued. Ding Jiaxi discussed practical issues related to developing and expanding the “Citizens’ Movement.” On the morning of December 7, 2019, the Xiamen meeting began in a villa KTV private room. Ding Jiaxi presided over the meeting and delivered remarks primarily concerning what the “Citizens’ Team” had done in 2019 and what it planned to do in 2020.
Xu Zhiyong spoke on three aspects. With regard to ideological concepts, Xu Zhiyong stated that he had written a book promoting the concepts of “freedom, justice, and love,” and that through nonviolent means the goals pursued by the “New Citizens Movement” could be realized; with regard to organizational development, Xu Zhiyong stated that publicity should be strengthened so that more people would become aware of the “New Citizens Movement”; with regard to “think tank” [research on political] transformation, Xu Zhiyong mainly discussed major issues in the wake of the transformation. He also repeatedly emphasized the need for de-organization and decentralization. At approximately 9:00 a.m. on December 8, the meeting was held in a meeting room within a small courtyard, mainly discussing the topics of the “New Year’s Message,” the “Top Ten Public Incidents in China of 2019,” and the selection of “Outstanding Citizens of the Year.” Ding Jiaxi also proposed that everyone participate in raising activism funds for the “New Citizens Movement” organization.
4) The testimony of witness Dai Zhenya shows: In February 2018, Ding Jiaxi added me to the “Group for the Exchange of Ideas,” whose members all supported the “New Citizens Movement.” In April 2018, Ding Jiaxi contacted me to participate in a training course on “nonviolent non-cooperation,” taught by Hua Ze. The purpose of the training was to enable people to learn to use nonviolent methods to ultimately subvert China’s state power and realize Western democratic constitutional governance. In October 2019, Ding Jiaxi said that a meeting would be held in Xiamen and asked me to book the meeting venue. I provided Ding Jiaxi with the China Construction Bank account number of my daughter, Dai Yanci, and Ding Jiaxi had Liu Shuqing transfer RMB 70,000 to me. I booked a villa in Jimei District, Xiamen City, and a small courtyard in Jimei District as meeting venues. At approximately 9:30 a.m. on December 7, I arrived at the third-floor KTV of the villa to attend the meeting. Ding Jiaxi first delivered a report introducing the selection of the “Outstanding Citizen Award” and proposed the establishment of a “New Citizens Think Tank.” Xu Zhiyong spoke about the situation in Hong Kong, stating that Hong Kongers resistance had important reference value for “social movements” in mainland China, and also discussed the experiences of Eastern Europe and the Soviet Union. The theme of the afternoon meeting was forecasting China’s future social and economic situation. Ding Jiaxi delivered a concluding speech, generally stating that the Chinese Communist Party’s totalitarian government, like the former Soviet Union and Eastern European authoritarian regimes, was gradually facing policy failure, increasing operational difficulties for various economic entities, and growing public dissatisfaction. He urged everyone to seize opportunities to promote the development of “social movements.” Xu Zhiyong gave a supplementary summary, stating that in addition to leveraging the strength of their own team, they should also broadly connect with civil organizations, intellectual groups, and labor groups. On December 8, a meeting was held on the first floor of a small courtyard, with agenda items including the “Selection of Outstanding Citizens,” “Public Events,” and the “New Year’s Message.” The purpose was to vilify the Chinese government under the leadership of the Communist Party, weaken the legitimacy of the Communist Party’s rule, encourage more people to identify with the “New Citizens Movement,” strengthen the organization, and ultimately achieve the objective of overthrowing the government led by the Chinese Communist Party.
(5) The testimony of witness Chang Weiping shows: Xu Zhiyong and Ding Jiaxi created the “New Citizens Movement” and required the dilution of organizational hierarchy and weakening of division of labor, with a high degree of ideological alignment. Xu Zhiyong specifically told everyone to pursue “organized without organization.” The “New Citizens Movement” had an external publicity website called the China Citizens’ Movement website, whose purpose was to establish a propaganda platform to publish statements that smeared, slandered, and criticized the Chinese Communist Party and the Chinese government, as well as articles exposing negative aspects of China, in order to cause dissatisfaction with the Chinese government among readers and form forces to subvert state power. In the first half of 2018, Ding Jiaxi added me to the “Group for the Exchange of Ideas,” which mainly discussed topics opposing the Communist Party and the socialist system, and attacking the Party and the government. Hua Ze lectured us on “nonviolent non-cooperation movements,” with the objective of having us emulate practices in other countries and regions, apply “nonviolent resistance,” launch a “color revolution,” overthrow the leadership of the Chinese Communist Party, and bring about a “color revolution” in China. The 2018 Yantai gathering focused on summarizing experience and lessons of the “New Citizens Movement,” setting development goals and methods, unifying thinking, and encouraging collective efforts to launch a “color revolution” in China, overthrow the existing regime, and ultimately realize a Western constitutional democratic system. At the December 7, 2019 Xiamen gathering, Ding Jiaxi summarized the “New Citizens Movement” activities in 2019, mainly including the construction of the “Citizens Movement website, the selection of the Outstanding Citizen Award, the 2019 financial income and expenditures of the New Citizens Movement, nonviolent resistance training, human resources, rules for the Group for the Exchange of Ideas, digital currency, the New Year’s Message, the selection of the Top Ten Public Incidents, and the 2020 work plan.” Xu Zhiyong proposed colluding with overseas anti-China media, overseas think tanks, and diplomats to realize Western constitutional democracy in China. He also raised the idea of a “think tank” and stated that he had filmed a documentary. The “New Citizens ideology” mentioned by Xu Zhiyong was “freedom, justice, and love,” and Xu Zhiyong was establishing a new political system centered on Western democratic constitutionalism.
(6) The testimony of witness Li Yingjun (李英俊) shows: In the summer of 2019, Dai Zhenya introduced me to study the theory of “nonviolent non-cooperation” movement lectured on by Hua Ze, the purpose of which was to enable participants to overthrow the rule of the Chinese Communist Party through “nonviolent” movements. At the Xiamen meeting in December 2019, Xu Zhiyong expressed views on the slogan of “freedom, justice, and love,” stating that the goal of his struggle was to establish a “civil society,” to use grassroots forces to exert pressure on the government, and that the ultimate objective was to encourage more people to identify with the ideals of “democracy and freedom,” expand this circle, change the existing social system and the status quo of one-party rule, and realize a Western constitutional system.
(7) The testimony of witness Liu Jiacai shows: The China Citizens Movement website was operated by Hua Ze and contained content related to “rights defense” and politics. We used the site to discuss current affairs and the present domestic situation. I participated in online training sessions on “nonviolent” movements. At the Xiamen gathering, Ding Jiaxi reported on the organization’s work carried out in 2019 and the organizational budget for 2020, the operation of the “China Citizens Movement website,” and the participation of organization members in “nonviolence” training. Xu Zhiyong discussed certain concepts related to the “citizens movement” and also stated that there should be more contact with foreigners so that foreigners could truly understand China’s situation. The Xiamen gathering was organized by Ding Jiaxi, Xu Zhiyong, and others, with approximately twenty participants in attendance.
(8) The testimony of witness Xue Rongmin shows: I joined the “Group for the Exchange of Ideas” established by Xu Zhiyong and Ding Jiaxi, where domestic current affairs topics such as people’s livelihood were discussed and links to articles on current events were shared. Links to articles from the “China Citizens Movement website” were frequently posted in the “Group for the Exchange of Ideas,” including a series of articles written by Xu Zhiyong. The purpose of Hua Ze’s “nonviolent non-cooperation” training was to mobilize everyone to promote China’s “peaceful transformation” through “nonviolent non-cooperation.” At the Yantai gathering in September 2018, Xu Zhiyong stated that it was necessary to actively engage in “activities serving the public interest,” take root at the grassroots level, and take root in communities.
(9) The testimony of witness Huang Zhiqiang (黄志强) shows: Ding Jiaxi added me to the “Citizens Movement” Telegram group, where forums were frequently held and some topics were sharply critical. Ding Jiaxi was the convener of the event in Xiamen, and during the gathering Xu Zhiyong introduced concepts related to “citizen ideals, construction of civil society, and nonviolent resistance.” We discussed topics such as the “Outstanding Citizen Award” and the “Top Ten Events in China in 2019.” The purpose of selecting recipients of the “Outstanding Citizen Award” was to encourage more people to strive to become “citizens.” It was also stated at the meeting that the “Top Ten Public Incidents in China of 2019” would be selected and prepared for release before New Year’s Day.
(10) The testimony of witness Li Qiaochu shows: Since June 2019, Xu Zhiyong had been using Zoom chatrooms at his home on a weekly basis to hold online meetings with others, discussing current affairs topics such as China’s economic situation and the situation in Hong Kong. In early December 2019, Xu Zhiyong traveled from Beijing to Xiamen by ride-sharing. The “China Citizens Movement website” contained a section titled the “Gongmeng Yearbook,” in which each incident Xu Zhiyong had participated in was described in detail. After news circulated online on December 27, 2019, that Ding Jiaxi and others had been detained, Xu Zhiyong sent articles he had written to me via his personal email and asked me to upload and update all of them on the “China Citizens Movement website.” I did so in accordance with his instructions.
(11) The testimony of witness Ding Jiaxi shows: In 2012, Xu Zhiyong proposed the concept of the “New Citizens’ Movement.” During Xu Zhiyong’s period of detention, Xu Zhiyong’s friend Hua Ze and a person using the online alias “Xiao Shu” (笑蜀) established an overseas website called the “China Citizens Movement website” to disseminate the “New Citizens’ Movement” concept proposed by Xu Zhiyong. The website is now called the “China Citizens Movement website.” After Xu Zhiyong completed his sentence and was released, he initially published articles on his personal blog, which were reposted by the “China Citizens Movement website.” At a later stage, Xu Zhiyong began publishing his articles first on the “China Citizens Movement website.” In July or August 2018, I created a group on the Telegram application to bring together people who shared common ideas, providing a convenient online chat and social platform. Hua Ze was a follower of Xu Zhiyong, so she was added to the Telegram group and gave lectures to us on the concept of “nonviolence.” The Yantai gathering in September 2018 involved approximately twelve participants, including myself, Xu Zhiyong, Zhang Zhongshun, and Huang Zhiqiang. I cannot clearly recall the specific topics and content discussed. The Xiamen gathering on December 7, 2019, was organized by me. Xu Zhiyong was a symbol of a leading figure, and all participants in the gathering identified with the ideas proposed by Xu Zhiyong and did not identify with the current system of the Chinese Communist Party. We advocated achieving social change and transformation through “citizens movements” and “social movements” that were “peaceful, rational, and nonviolent.” At the meeting, I spoke on three main topics: “the 2019 website operations,” “digital encrypted currency,” and “the human resources pool.” Given that Liu Shuqing held funds belonging to us, approximately RMB 40,000 was spent on the Yantai gathering in September 2018, and prior to the Xiamen gathering I notified him to transfer the remaining funds to Dai Zhenya.
(12) The testimony of witness Liu Shuqing shows: After my lawyer’s license was revoked, Ding Jiaxi introduced me to a company where I served as legal counsel and earned RMB 110,000. In 2018, Ding Jiaxi requested RMB 40,000 in cash from this amount. On November 30, 2019, in accordance with Ding Jiaxi’s instructions, I transferred RMB 70,000 from my China Construction Bank account ending in 0613 to a China Construction Bank account under the name Dai Yanci (戴彦慈) ending in 5743. On December 7 and 8, 2019, I logged into Zoom to participate in the Xiamen meeting.
(13) The testimony of witness Lin Hongnan (林洪楠) shows: In late November 2019, Ding Jiaxi contacted me and informed me that I had received the “Outstanding Citizen Award,” along with a cash award of RMB 50,000. I recall Ding Jiaxi stating that this award selection was conducted annually.
(14) The testimonies of witnesses Wu Xu (吴旭) and Bai Jinghua (白敬华) show that the two are shareholders and employees of Xufeng Haibo Technology (Beijing) Co., Ltd. and Yiqi Xincheng (Beijing) Cultural Technology Co., Ltd. Around October 2017, the company owner, Chen Feng, instructed Bai Jinghua to transfer funds to an account under the name Liu Shuqing under the guise of legal consulting fees, at a rate of RMB 10,000 per month, totaling RMB 110,000, even though Liu Shuqing never provided legal services to the companies.
(15) The testimonies of witnesses Wu Yongxiang (吴永湘), Huang Taojie (黄套杰), and Weng Jianqing (翁建清) show that the three were staff members of a villa in Jimei District, Xiamen City. They testified regarding the accommodation arrangements of Xu Zhiyong, Ding Jiaxi, and others at the villa.
(16) The testimonies of witnesses Liu Kunling (刘昆灵) and Wang Xichen (王希辰) show that the two were staff members of a small courtyard in Jimei District, Xiamen City. They testified regarding the accommodation and meeting activities of Xu Zhiyong, Ding Jiaxi, and others in the courtyard.
(17) The testimonies of witnesses Chen Yong (陈勇), Wang Kang (王康), and Huang Yongjin (黄永锦) show that the three filmed a movie with Xu Zhiyong as the main subject.
2. Documentary Evidence
(1) A series of articles authored by Xu (1) A series of articles authored by Xu Zhiyong, including “On Nonviolence” and “Citizens’ Initiative: Running for Office in 2021,” show that Xu Zhiyong presented a distorted and defamatory image of state power and the socialist system in his writings, advocated abandoning communism, and incited the public by calling upon them to pursue so-called “democratic constitutionalism” through specific demands for rights. He promoted achieving China’s “social transformation” and establishing a “constitutional China” through a “citizens movement.” Xu Zhiyong adopted “organized without organization” as a developmental approach, downplayed organizational hierarchy, called on the public to become the “citizens” he advocated for, and sought to complete a so-called “constitutional transformation” through “nonviolent” means in order to subvert state power.
(2) Mobile transfer records, bank transaction details, and related materials show that Xufeng Haibo Technology (Beijing) Co., Ltd. and Yiqi Xincheng (Beijing) Cultural Technology Co., Ltd. transferred RMB 110,000 to Liu Shuqing’s account; that Liu Shuqing withdrew RMB 40,000 in cash on September 20, 2018; that Liu Shuqing transferred RMB 70,000 to Dai Yanci; that Dai Zhenya made payments to the villa and courtyard used for the Xiamen meeting; and that Lin Hongnan received funds through a bank account.
(3) High-speed rail and airline records show that Wang Jiangsong, Chang Weiping, Huang Zhiqiang, and others — ten persons in total — traveled to Yantai by high-speed rail or airplane; and that Wang Jiangsong, Chang Weiping, Zhang Zhongshun, and others traveled to Xiamen by high-speed rail or airplane.
3. Physical Evidence; Records of Search and Examination
(1) From Ding Jiaxi’s mobile phone, investigators extracted a message sent by Zhu Shengwu (祝圣武) to Ding Jiaxi via WhatsApp at 13:50 on July 9, 2019, stating: “Lawyer Ding, can this text be posted on the New Citizens Movement website? Qin Yongpei (覃永沛), Chen Keyun (陈科云), and others agree to publish it in the name of the Club of Disbarred Lawyers.”
(2) From Room 2107 of Xu Zhiyong’s residence at the Aobei Center (奥北中心), investigators seized one Chinese-language copy and two English-language copies of the book “Being an Upright Citizen — My Free China” (《堂堂正正做公民一我的自由中国》), which advocates achieving China’s “social transformation” and establishing a “constitutional democratic China” through a “citizens movement.”
(3) Investigators seized a black HP laptop computer and other items used by Li Qiaochu. Upon analysis, the computer was found to contain traces of having downloaded and stored 24 articles authored by Xu Zhiyong, and the browser had saved backend editing URLs of Xu Zhiyong’s blog.
(4) Investigators seized a silver HP laptop computer, USB flash drives, and other items used by Li Qiaochu. Upon analysis, the computer was found to contain traces of having downloaded documents such as “Those Dark Characters” (《那些阴暗的家伙》). The USB drives contained WordPress usage tutorial videos and inciting articles authored by Xu Zhiyong.
(5) Investigators seized a silver Apple laptop computer and black USB flash drives carried by Xu Zhiyong. Upon analysis, the computer was found to contain traces of having browsed and stored documents such as “The Soul of Nonviolence — A Response to Criticism” (《非暴力的灵魂一对批评的回应》) and the USB drives stored 24 inciting articles authored by Xu Zhiyong.
(6) Investigators seized a black HP laptop computer used by Zhang Zhongshun. Upon examination, the computer was found to store 24 inciting articles authored by Xu Zhiyong.
(7) Investigators seized a hard drive used by Chen Yong. Upon appraisal, the hard drive was found to store 24 inciting articles authored by Xu Zhiyong, and a USB flash drive stored video footage with Xu Zhiyong as the main subject.
(8) Mobile phones belonging to Ding Jiaxi, Zhang Zhongshun, and Liu Jiacai were found to have Telegram, Zoom, and other software installed. Ding Jiaxi’s phone memo contained a message sent by Zhang Zhongshun on August 31, 2017, stating that he had prepared a set of tutorials on “nonviolent methods to end dictatorship” that could be used to conduct training. Ding Jiaxi’s phone also contained a document titled “Citizen Coin White Paper,” which included an overview of “Citizen Coin,” a process framework diagram, and application scenario examples. A folder titled “Think Tank” contained materials addressing three issues: “resistance,” “transition,” and “construction.”
4. Identification Records
(1) Li Qiaochu identified the articles she posted on Xu Zhiyong’s personal blog. A total of 273 articles, including “Citizens’ Initiative: Running for Office in 2021” (《公民倡议：竞选2021》), were posted to Xu Zhiyong’s personal blog with her assistance. On December 30, 2019, she sent the login credentials for Xu Zhiyong’s personal blog to Hua Ze via email.
(2) Xu Zhiyong identified the series of articles he authored, including “Citizens’ Initiative: Running for Office in 2021” and “Nonviolence.”
(3) Wang Jiangsong identified the participants of the Xiamen meeting, and Weng Jianqing identified Dai Zhenya.
5. Records of Inspection and Examination
(1) Investigators conducted remote inspections regarding the dissemination of Xu Zhiyong’s tweets and articles on websites such as the “China Citizens Movement website,” “Xu Zhiyong Anthology Blog” (许志永文集博客), and “Independent Chinese PEN Center” (独立中文笔会).
(2) Investigators conducted on-site inspections of the secret meeting location in Yantai.
(3) Investigators conducted on-site inspections and examinations of the villa and courtyard used for the Xiamen meeting and also retrieved surveillance video from the courtyard.
6. Audiovisual Materials
(1) A documentary about Xu Zhiyong shows: Xu Zhiyong discussed topics including his prison experience and used these to attack China’s judicial, educational, and petition systems, vilifying China’s political system, and promoting the subversion of state power.
(2) Video recorded by Chen Yong of a conversation between Xu Zhiyong and “Kun Niao” (昆鸟, an online alias) shows: Xu Zhiyong disseminated the so-called “citizen” ideology, using the concepts of “citizen community” and “community of shared ideals” as a cover, and adopting “organized without organization” as a developmental approach to achieve his political goals.
(3) Surveillance video shows that Xu Zhiyong, Ding Jiaxi, and others held meetings in the meeting room of a small courtyard in Jimei District, Xiamen City.
7. General Evidentiary Materials
(1) Case registration forms, filing decisions, jurisdiction designation decisions, detention notices, residential surveillance decisions, and arrest warrants show: The case of Xu Zhiyong’s alleged subversion of state power was filed for investigation, coercive measures were taken [to apprehend Xu Zhiyong], and jurisdiction was designated.
(2) Criminal judgment, appellate rulings, and release certificates show: On January 26, 2014, Xu Zhiyong was sentenced to four years’ imprisonment by the Beijing First Intermediate People’s Court for the crime of gathering a crowd to disrupt public order, and he was released after completing his sentence on July 15, 2017.
(3) Household registration documents show: Xu Zhiyong was born on March 2, 1973.
(4) Procedural documents of search and seizure confirm the seizure of materials.
8. Defendant’s Confession
Defendant Xu Zhiyong confesses: Starting in May 2012, I initiated and promoted the ideals of the “New Citizens’ Movement.” Ding Jiaxi can be considered a participant. The article “China’s New Citizens Movement” (《中国新公民运动》) was the first time I proposed the concept of the “New Citizens Movement.” After being released from prison, my main activity was to write 24 articles promoting the ideals of the New Citizens Movement. “Citizens’ Initiative: Running for Office in 2021” was written by myself. The “Citizens Movement website” was established while I was in prison and was managed by Hua Ze, who is my friend and later went abroad. I have published these views and ideals on my blog, on Twitter, and on the “Citizens Movement website” or the “New Citizens Movement website.” Hua Ze once provided “nonviolence” training to members of our “Group for Exchange of Ideas” via Zoom. The 2018 Yantai meeting was held at Zhang Zhongshun’s villa to share experiences on promoting the construction of a “civil society.” The Xiamen meeting starting on the morning of December 7 and lasting till December 8, 2019, discussed topics including activities over the past year related to “citizens’ rights” and the “rule of law progress,” the selection of the “Top Ten Citizen Events,” the writing of the “2020 New Year’s Message,” and candidates for the 2019 “Outstanding Citizen” award. I spoke on matters regarding a “think tank” and “team building.” Our activities were intended to prepare for China’s “democratic transition.” At the meeting, I heard discussions on “digital currency” and the “Outstanding Citizen Award.”
In response to the defenses and arguments raised by the defendant, Xu Zhiyong, and his defense counsel, and based on the facts and evidence of this case, this court rules as follows:
1. Regarding Xu Zhiyong’s and his defense counsel’s claim that he did not commit the crime of subverting state power: Upon review, Xu Zhiyong’s statements during the investigation are corroborated by the testimonies of Ding Jiaxi, Wang Jiangsong, Zhang Zhongshun, and others. The evidence confirms that Xu Zhiyong, together with Ding Jiaxi, advocated the ideology of the “New Citizens Movement,” incited others to oppose the socialist system, proposed achieving so-called “constitutional transformation,” and adopted nonviolent “color revolution” strategies to infiltrate grassroots communities that formed a system of ideas, pathway, and method to subvert state power. Xu Zhiyong, together with Ding Jiaxi, developed an illegal organization, recruited members for this illegal organization, raised funds, established online communication platforms, conducted nonviolent “color revolution” training, and organized, planned, and carried out activities aimed at subverting state power. Xu Zhiyong’s actions, under the guise of exercising civil rights, were intended to overthrow the socialist system and the people’s democratic dictatorship. His behavior meets the elements of the crime of subverting state power. The defense’s argument is unfounded and is therefore not accepted by this court.
2. Regarding the defense’s claim that the main evidence against Xu Zhiyong is illegal and cannot serve as the basis for a conviction: Upon review, all evidence relied upon in this case was obtained lawfully by investigative authorities, conforms to the legal forms required for criminal evidence, is mutually corroborative, and is legal and valid. There is no indication that evidence was collected illegally. The defense’s argument is therefore rejected by this court.
3. Regarding materials submitted in court by the defense, including documents from Zhang Zhongshun, Hua Ze, and others: Upon review, the materials submitted by the defense in court, including those of Wang Jiangsong, Zhang Zhongshun, Liu Jiacai, and Dai Zhenya, contradict other evidence in the case; the authenticity of materials from Wu Ming, Hua Ze, and Li Wei cannot be confirmed. Accordingly, these materials are not accepted.
This court finds that Xu Zhiyong, with the intent of subverting state power and overthrowing the socialist system, developed an illegal organization, propagated subversive ideology, conducted nonviolent “color revolution” training, and held meetings to plan methods of subverting state power, thereby seriously endangering national security and social stability. His conduct constitutes the crime of subverting state power. The prosecution’s charges are clear and evidence is sufficient to establish the commission of the alleged crimes. Xu Zhiyong played an organizing, planning, and commanding role in these activities and is a principal offender. As he committed this crime within five years of completing a prior sentence, he is considered a recidivist and shall be punished more severely according to law. Based on the facts, nature, circumstances, and social harm of Xu Zhiyong’s crimes, pursuant to Articles 105(1), 55(1), 56(1), 65(1), and 64 of the Criminal Law of the People’s Republic of China, the court issues the following judgment:
I. Xu Zhiyong is convicted of subverting state power and sentenced to 14 years’ imprisonment and deprivation of political rights for 4 years.
(The term of imprisonment is calculated from the date this judgment is executed. Any time spent in pre-trial detention shall be credited day-for-day, and residential surveillance shall be credited at two days for one day. The effective imprisonment period is from June 19, 2020, to April 16, 2034.)
II. Computers, mobile phones, and other items seized by the public security authorities from Xu Zhiyong, which were used in the commission of the crime, are to be confiscated according to law.
Should the defendant disagree with this judgment, an appeal may be filed within ten days from the second day of receiving the judgment, either through this court or directly to the Shandong Provincial High People’s Court. A written appeal must include one original and two copies of the appeal petition.
Presiding Judge: Wu Qinglin (吴清林)
Judge: Li Dianji (李殿基)
Judge: Wu Honglin (吴洪林)
Linyi Intermediate People’s Court, Shandong Province
April 9, 2023
Clerk: Zhang Kun (张琨)
Clerk: Zhang Ning (张宁)
The original text of Xu Zhiyong’s Court judgment:
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