Translated by a group of friends.  

Beijing Municipal Public Security Bureau

Opinion Recommending Indictment

北京市公安局

起诉意见书

京公诉字(2013)99号

Beijing Public [Security Bureau] Indictment [Opinion] (2013) no. 99

犯罪嫌疑人许志永,男,汉族,1973年3月2日生,北京市人,法学博士,群众,北京邮电大学人文学院讲师,身份证号:620102197303025316,户籍所在地:[编辑],现住址:[编辑],犯罪嫌疑人许志永于2013年7月16日因涉嫌聚众扰乱公共场所秩序罪被刑事拘留,2013年8月22日因涉嫌聚众扰乱公共场所秩序罪被依法逮捕,现被羁押在北京市第三看守所。

The criminal suspect Xu Zhiyong is a male, ethnic Han, born March 2, 1973, a Beijing resident, Ph.D in law, citizen with no Party affiliation, and lecturer in humanities at the Beijing University of Posts and Telecommunications; ID card number: 620102197303025316, place of household registration: [REDACTED], current residential address: [REDACTED]. Xu was criminally detained on July 16, 2013, on suspicion of the crime of gathering a crowd to disrupt order in a public place. He was lawfully arrested on charges of gathering a crowd to disrupt order in a public place on August 22, 2013, and is currently detained in the Beijing Municipal Detention Center No. 3.

犯罪嫌疑人许志永涉嫌聚众扰乱公共场所秩序案,系我局在办理2013年3月31日侯欣、袁冬、马新立、张宝成等人涉嫌非法集会一案中,通过对多在押犯罪嫌疑人审查发现,许志永系一系列聚众扰序行为的幕后指使者,故我局于2013年7月16日将犯罪嫌疑人许志永唤至公安机关接受审查,现已侦查终结。

The case of criminal suspect Xu Zhiyong’s gathering crowds to disrupt order in public places is connected to the case being handled by this bureau of Hou Xin, Yuan Dong, Ma Xinli, Zhang Baocheng et al illegally assembling on March 31, 2013. Through interrogation and investigation of a number of currently detained criminal suspects it was discovered that Xu Zhiyong was the behind-the-scenes instigator of a whole series of incidents of gathering crowds to disrupt order. Therefore, on July 16, 2013, this bureau summoned the criminal suspect Xu Zhiyong to a public security organ for interrogation and investigation. That investigation has now concluded.

经依法侦查查明:

Through investigation in accordance with law, the following has been ascertained:

(一)2009年底至2010年初,许志永受王功权指使设立了教育平权项目后,许志永、王功权等人组成决策委员会多次开会研究如何推动该项目。后许志永利用个人影响力多次参与非京籍家长群体聚会,并通过聚会商议、网上勾连、印制宣传材料、当散发宣传材料、发表微博、文章等形式,多次煽动非京籍家长群体赴教育部门聚会,向政府部门施压。此外,许志永还责成林峥专门负责教育平权捐款账户的记账管理并支付林峥工资,找到非京籍家长群体代表孟凡玲负责学生家长联络、报销车马费、签名费并支付孟凡玲工资。在许志永等人的组织、策划、煽动下,发生了包括“7.5、2.28”在内的多次非京籍家长到教育部门聚集滋事案件,其中:

I. From the end of 2009 until the beginning of 2010, after Xu Zhiyong, at Wang Gongquan’s instigation, had set up a program for education equality,* Xu Zhiyong, Wang Gongquan et al established an executive committee which held a number of meetings to discuss how to promote this program. Later, Xu Zhiyong, using his personal influence, took part in a number of mass gatherings of parents [who lived and worked in Beijing but were] without Beijing household registration. Through gathering to deliberate, online liaisons, printing and distribution of promotional materials, micro-blog posts, essays, and other means, Xu repeatedly incited parents without Beijing household registration to gather en masse before the Ministry of Education in order to exert pressure on government departments. In addition, Xu Zhiyong tasked Lin Zheng with the administration of specifically-created bank accounts for donations for the education equality program and paid Lin Zheng a salary. [He also] asked Meng Fanling, the representative of parents without Beijing household registration, to handle contact with the students’ parents, reimbursed her for travelling expenditures and expenses for collecting signatures, and paid her a salary. Due to Xu Zhiyong et al’s organisation, planning, and incitement, several incidents occurred where parents without Beijing household registration gathered before the Ministry of Education to create a social disturbance, including the incidents of July 5 and February 28. Among these were the following:

1. 2012年7月,许志永经与学生家长聚会密谋,并多次发布微博煽动非京籍家长群体前往教育部请愿。在许志永的组织、策划、煽动下,2012年7月5日,有百余名学生家长赴教育部聚众滋事,期间歪曲我国教育政策,辱骂教育部门官员,且不服从公安民警管理,严重扰乱了公共场所秩序。

1. In July 2012, Xu Zhiyong met and conspired with the students’ parents and made multiple microblog posts inciting the group of parents without Beijing household registration to go to the Ministry of Education to petition. On July 5, 2012, under the organisation, planning, and instigation of Xu Zhiyong, more than 100 such parents of students gathered at the Ministry of Education to create a serious disturbance, during which they misrepresented China's educational policies, verbally abused Ministry officials, and disobeyed control [efforts] by public security and people’s police officers, thereby seriously disrupting order in a public place.

2. 2013年1月25日,许志永、王功权、丁家喜等人在上岛咖啡聚会,商定鼓动非京籍家长群体于2月28日到北京市教委聚集造势、施加压力。后许志永、王功权等人分别通过发布微博、群发短信、制作散发传单、名片等方式进行煽动,在许志永、王功权、丁家喜煽动下,2013年2月28日,百余名学生家长前往北京市教委聚众滋事,且不服从公安民警管理,严重扰乱了公共场所秩序。

2. On January 25, 2013, Xu Zhiyong, Wang Gongquan, Ding Jiaxi et al gathered at U.B.C. Coffee, and agreed to encourage parents without Beijing household registration to assemble at the Beijing Municipal Education Commission to make a show of force and apply pressure. Then, Xu Zhiyong, Wang Gongquan et al incited others into action by making microblog posts, sending group text messages, and producing and disseminating leaflets and business cards. Under the incitement of Xu Zhiyong, Wang Gongquan, and Ding Jiaxi, on February 2, 2013, more than 100 students’ parents went to the Beijing Municipal Education Commission to assemble and cause a disturbance. The parents disobeyed control [efforts] by public security and people’s police officers, thereby seriously disrupting order in a public place.

(二)2012年9月11日,许志永伙同丁家喜、赵常青等人聚会,商议开展“财产公示”活动, 后许志永、丁家喜、赵常青、李蔚、王永红、孙含会等人又多次聚会密谋,继续商讨开展“财产公示”活动具体细节,期间上述人员为不断扩大活动影响,达成要上街散发传单、张打横幅的共同决议,又经商议后统一出资制作了传单、横幅等物品,并分发给相关涉案人员,使该活动从“在互联网上征集签名”遂步升级到“上街张打横幅”等非法活动。在许志永、丁家喜、赵常青、李蔚等人的组织、策划、煽动、带领下,自2013年1月以来,我市发生包括“1.27、2.23、2.24、3.09、3.31”在内的,多姿由多人实施的在“朝阳公园、清华大学、中关村广场、西单广场”等公共场所,张打横幅、散发传单、造谣讲等扰乱公共场所秩序行为。

II. On September 11, 2012, Xu Zhiyong colluded with Ding Jiaxi, Zhao Changqing et al to gather and discuss launching “asset disclosure’’** activities. Afterward, Xu Zhiyong, Ding Jiaxi, Zhao Changqing, Li Wei, Wang Yonghong, Sun Hanhui et al gathered several more times to conspire and continue discussing specific details of launching asset disclosure activities. During this time, the aforementioned persons made a joint resolution to take to the streets to disseminate leaflets and unfurl banners in order to continuously expand the influence of these activities. Also after some discussion, funds were later consolidated to create leaflets and banners. These were distributed to relevant persons involved in the incidents in order to gradually upgrade these activities from “gathering signatures on the internet” to “displaying banners on the streets” and other illegal activities. Due to the organization, planning, incitement, and leadership of Xu Zhiyong, Ding Jiaxi, Zhao Changqing, Li Wei et al, beginning in January of 2013, several incidents, including incidents on January 27, February 23, February 24, March 9, and March 31, occurred in which several persons displayed banners, disseminated leaflets, and stirred up rumors in public venues such as Chaoyang Park, Tsinghua University, Zhongguancun Plaza, and Xidan Plaza, seriously disrupting order in a public place.

1. 2013年1月中下旬,许志永、丁家喜、赵常青、李蔚、孙含会、王永红等人在上岛咖啡聚会,决定1月27日到朝阳公园南门张打横幅,由王永红来具体组织活动,孙含会邀请记者到现场围观。后李刚、袁冬、王永红等人在西单商场下肯德基聚会,商定1月27 日到朝阳公园南门张打横幅具体情况并到现场查看地形。2013年1月27日,李刚、袁冬等人在徜徉公园南门附近张打由许志永等人先期制作并发放的横幅,引发大量群体围观,在我局民警上前阻止时,袁冬以逃跑方式阻碍民警执法,并在跑开后再次回到朝阳公园南门张打横幅,且与民警争抢横幅,抗拒民警执法,严重扰乱了公共场所秩序。上述人员被民警教育劝离后,李刚又驾车带袁冬前往清华大学西门继续张打横幅,再次引发大量群众围观,严重扰乱了公共场所秩序。事后相关涉案人员将上述过程中拍摄的照片上传互联网,严重扰乱了公共场所秩序和互联网公共空间秩序。

1. In mid to late January 2013, Xu Zhiyong, Ding Jiaxi, Zhao Changqing, Li Wei, Sun Hanhui, Wang Yonghong et al met in U.B.C. Coffee and decided to go to the South Gate of Chaoyang Park to display banners on January 27, 2013. Wang Yonghong was to be in charge of more detailed organization of this activity, whereas Sun Hanhui was to invite journalist to surround and observe the proceedings. Later, Li Gang, Yuan Dong, Wang Yonghong et al met in the Kentucky Fried Chicken in Xidan Department Store to discuss the details of the planned banner display in Chaoyang Park on January 27, and went to inspect the location. On January 27, 2013, while walking in the park, Li Gang, Yuan Dong et al, unfurled the banners which had been made in advance and provided by Xu Zhiyong, drawing a large crowd of onlookers. When the bureau’s people’s police officers arrived to stop them, Yuan Dong impeded their law enforcement by running off. After doing so, he later returned to the South Gate of Chaoyang Park to again display the banner. He struggled with the officers for the banners and resisted their enforcement of law, seriously disrupting order in a public place. After the aforementioned persons were educated and advised to leave by the people’s police officers, Li Gang once more drove Yang Dong to the West Gate of Tsinghua University to continue unfurling banners and again drew a large crowd of onlookers, seriously disrupting order in a public place. After the incident, relevant persons involved in the case uploaded pictures of the process to the internet, seriously disrupting order in a public place and order of the public space on the internet.

2. 2013年2月23日,丁家喜、袁冬、张宝成等人前往中关村e世界广场、海龙大厦等地张打由许志永等人先期制作并发放的横幅,期间袁冬、张宝成等人赤裸上身,在身上书写“要么公开财产,要么下台滚蛋”、“公开国籍”等字样,引发大量群众围观,严重扰乱了公共场所秩序。

2. On February 23, 2013, Ding Jiaxi, Yuan Dong, Zhang Baocheng et al went to Zhongguancun eWorld Plaza, Hailong Building, and other places to display banners which had been made and provided in advance by Xu Zhiyong et al. During this time, Yuan Dong, Zhang Baocheng et al went topless and had written across their upper bodies “Disclose [your] assets or step down and get lost”, “Disclose citizenship”,*** and other slogans. This drew a large crowd of onlookers and seriously disrupted order in a public place.

3. 2013年2月23日活动结束后,丁家喜等人决定次日继续进行张打横幅非法活动,当日晚丁家喜在同城聚会上继续煽动次日到中关村张打横幅。2月24日,丁家喜、张宝成、袁冬、李刚等人再次前往新中关大厦、北大东门、清华西门等地张打横幅,并向围观群众散发传单数百张。引发大量群众围观,且事后丁家喜将上述过程中拍摄的照片上传互联网,严重扰乱了公共场所秩序和互联网公共空间秩序。

3. On February 23, 2013, after the activity concluded, Ding Jiaxi et al decided to continue the illegal activity of displaying banners the next day. At a same-city dinner gathering**** that night, Ding Jiaxi continued to instigate displaying banners at Zhongguancun the next day. On February 24, Ding Jiaxi, Zhang Baocheng, Yuan Dong, Li Gang et al once again went to Xin Zhongguan [The Gate], the east gate of Peking University, the west gate of Tsinghua University, and other locations where they displayed banners and distributed several hundred leaflets to onlookers. These drew large crowds of onlookers. Furthermore, Ding Jiaxi later uploaded pictures of the process described above onto the internet, seriously disrupting order in a public place and order of the public space on the internet.

4. 2013年3月9日,马新立、李焕君、张宝成、袁冬等人前往中关村广场及家乐福门前张打由许志永等人先期制作并发放的横幅。袁冬、张宝成等人在张打横幅过程中、言语粗鄙,声称“国家不是共产党的私家花园”、“要求领导人公布财产和子女国籍”并辱骂人大代表,且张打画有“王八”图样的横幅在现场游走,马新立赤裸上身,引发大量群众围观。事后,侯欣、张宝成等人将现场照片上传互联网,严重扰乱了公共场所秩序和互联网公共空间秩序。

4. On March 9, 2013, Ma Xinli, Li Huanjun, Zhang Baocheng, Yuan Dong et al headed to Zhongguancun Plaza in front of the Carrefour entrance, and displayed the banners which had been made in advance and provided by Xu Zhiyong et al. Yuan Dong, Zhang Baocheng et al used coarse language in the process of unfurling the banners, saying that “the nation is not the Communist Party’s private garden" and "we demand the leaders disclose their assets and their children’s citizenship”, as well as insults about National People's Congress Representatives. They also unfurled a banner with a picture of a “Wang Ba” tortoise***** and wandered around the area with it, and Ma Xinli went topless, causing a large crowd of onlookers to gather. Afterwards, Hou Xin, Zhang Baocheng et al uploaded pictures of the incident to the internet, seriously disrupting order in a public place and order of the public space on the internet.

 5. 2013年3月31日,侯欣、张宝成,袁冬等人经事先商议后,纠集马新立、周晓山、曹尚斌、张然等人前往西单文化广场,张打由许志永等人先期制作并发放的横幅,并在现场持扩音器演讲、散发传单、拍照录像,引发百余人围观,拒不服从民警、保安员劝阻,严重扰乱了公共场所秩序。

5. On March 31, 2013, Hou Xin, Zhang Baocheng, Yuan Dong et al, having conferred in advance, assembled people including Ma Xinli, Zhou Xiaoshan, Cao Shangbin, and Zhang Ran to go to Xidan Culture Square. There, they displayed banners which had been made in advance and provided by Xu Zhiyong et al, made speeches over a megaphone, distributed leaflets, and took photographs and videos, causing more than a hundred onlookers to gather. They then refused to obey police and security personnel’s discouragements, seriously disrupting order in a public place.

认定上述事实的证据如下:

The evidence affirming the facts stated above is as follows:

嫌疑人供述、同案供述、证人证言、远程勘验检查笔录、电子物证鉴定、物证、书证、视听资料等。

The suspect’s statements, accomplices’ statements, witness testimony, record of remote inspection and review, appraisal of electronic evidence, physical evidence, documentary evidence, audio-visual materials.

综上所述,犯罪嫌疑人许志永利用“财产公示”、“教育平权”等话题,组织、策划、实施了一系列在公共场所张打横幅、散发传单,在国家机关门前聚集滋事等违法犯罪活动,期间抗拒、阻碍国家治安管理工作人员依法执行职务,严重扰乱了公共场所秩序,其行为已触犯《中华人民共和国刑法》第291条之规定,涉嫌聚众扰乱公共场所秩序罪。依照《中华人民共和国刑事诉讼法》第一百六十条之规定,现将此案移送审查起诉。

To summarize the above, the criminal suspect Xu Zhiyong used topics such as asset disclosure and education equality to organize, plan, and carry out a series of unlawful and criminal activities such as displaying banners and distributing leaflets in public places, and organizing to cause disturbances in front of state organs, and, during this time, defied and obstructed national public security management personnel in the lawful performance of their duties, seriously disrupting the order in a public place. His actions have violated Article 291 of the Criminal Law of the People’s Republic of China, involving the crime of organizing a crowd to disrupt the order in a public place. In accordance with the provisions of Article 160 of the Criminal Procedure Law of the People’s Republic of China, this case is hereby transferred for review for indictment.

此致

Sincerely submitted to

北京市人民检察院第一分院

Beijing Municipal People’s Procuratorate, No. 1 Branch

北京市公安局

Beijing Municipal Public Security Bureau

2012年12月4日

December 4, 2012

Notes

* One of several campaigns of the New Citizens Movement. In the Beijing Municipality, as in other regions of China, children who do not hold a Beijing household registration are not permitted to attend regular schools or take the university entrance exam locally, which can be an issue for children of migrant workers who join their parents as they travel to work in Beijing. For more information, see “School for Migrant Worker' Children Closed,” Xinhua News Agency, August 17, 2011, http://www.china.org.cn/china/2011-08/17/content_23226973.htm; Su, Jiapeng, Xia, Yihua, and Xie, Jiaxi [苏嘉鹏、夏以华及谢佳熹], “Quarrelling Fiercely, But Not About the Same Things” [吵得很激烈,但谈的不是一回事儿], Southern Weekend [南方周末], October 25, 2012, http://www.infzm.com/content/82250.

** One of several campaigns of the New Citizens Movement, calling on officials to disclose their assets is ostensibly in line with the national anti-corruption campaign. For more, see, Hayashi, Nozomu, “Activist Arrested as China Stifles Calls for Asset Transparency,” The Asahi Shimbun, May 10, 2013, http://ajw.asahi.com/article/asia/china/AJ201305100089; An, Baijie, “Anti-graft Body Pushes Officials to Disclose Assets,” China Daily, December 3, 2013, http://usa.chinadaily.com.cn/china/2013-12/03/content_17146640.htm.

*** For more information on calls to disclose the citizenships of officials’ family, see “China Increases Oversight of Officials Whose Spouse, Children Emigrate Overseas,” Xinhua News Agency, July 26, 2010, http://english.people.com.cn/90001/90776/90883/7079589.html. 

**** For more information on same-city dinner gatherings, see Xiao Guozhen, “What Is a ‘Same-city Dinner Gathering?’”, China Change, September 22, 2013 http://chinachange.org/2013/09/22/what-is-a-same-city-dinner-gathering/ 

***** “Wang Ba” (王八) is one of many words for the tortoise, but it also is an expletive referring to a cuckolded man.