In the indictment, the authorities use publicly calling for “equal education” and “disclosure of officials’ assets” as their main justification for charging Xu Zhiyong with “gathering a crowd to disrupt order in a public place.”
Translated by the people.
Beijing Municipal People’s Procuratorate, No. 1 Branch
Beijing No. 1 Branch [People’s] Procuratorate Criminal Indictment  no. 306
Defendant Xu Zhiyong, male, born in Minquan County, Henan Province, on March 2, 1973, ethnic Han, ID card number: 620102197303025316, post-graduate education, is a lecturer at the Beijing University of Posts and Telecommunications and [resides at REDACTED]. Xu was placed under criminal detention by the Beijing Municipal Public Security Bureau Public Transportation Safety Protection Branch on July 16, 2013, on suspicion of the crime of gathering a crowd to disrupt order in a public place. Following the approval of this procuratorate, he was arrested by the Beijing Municipal Public Security Bureau on August 22, 2013.
The Beijing Municipal Public Security Bureau has concluded its investigation of this case. The case was transferred to this procuratorate for investigation of the defendant Xu Zhiyong for indictment on suspicion of the crime of gathering a crowd to disrupt order in a public place on December 4, 2013. After accepting the case, this procuratorate notified the defendant's appointed counsel in accordance with the law, questioned the defendant in accordance with the law, and examined all of the case materials.
Through investigation in accordance with law, the following has been ascertained:
I. Between July 2012 and February 2013, the defendant Xu Zhiyong, individually or jointly with accomplices Wang Gongquan, Ding Jiaxi (whose cases are being processed separately) et al., used the issue of “education equality” to organize, orchestrate, and incite others to take actions to gather crowds to disrupt order in public places.
1. On July 5, 2012, the defendant Xu Zhiyong organized and incited over a hundred people to gather in front of the Ministry of Education, where they unfurled banners, made a racket, and defied and obstructed public security police officers from enforcing the law, creating serious chaos at that location.
2. On February 28, 2013, defendant Xu Zhiyong, along with Wang Gongquan, Ding Jiaxi et al., organized, orchestrated, and incited nearly a hundred people to gather in front of the Beijing Municipal Education Commission for an extended period of time, where they defied and obstructed public security police officers from enforcing the law, creating serious chaos at the location.
II. Between February 2012 and March 2013, the defendant Xu Zhiyong, together with Ding Jiaxi, Li Wei, Zhao Changqing, Wang Yonghong, Sun Hanhui (whose cases are being processed separately) et al., used the issue of “public officials’ asset disclosure” to organize and orchestrate the gathering of many people in public places, where they engaged in activities such as unfurling banners and distributing leaflets. During this period, Xu Zhiyong, Ding Jiaxi, Wang Yonghong et al. produced banners and leaflets. In particular, Wang Yonghong organized and incited Yuan Dong, Zhang Baocheng, Hou Xin, Li Gang (whose cases are being processed separately) et al. to take actions to gather crowds to disrupt order in public places.
1. On January 27, 2013, Zhang Baocheng, Yuan Dong, Li Gang et al. unfurled banners and took photographs near the South Gate of Chaoyang Park in Chaoyang District, Beijing, where they also defied and obstructed public security police officers from enforcing the law. Later, Yuan Dong and Li Gang again went to the West Gate of Tsinghua University in Haidian District, Beijing, where they continued to display banners and take photographs.
2. On February 23, 2013, Zhang Baocheng, Yuan Dong, Ding Jiaxi et al. unfurled banners and distributed leaflets in Zhongguancun Plaza, Haidian District, Beijing, attracting onlookers. After that day’s action concluded, Zhang, Yuan, Ding et al. agreed to continue the aforementioned actions. The next day, Zhang, Yuan, Ding et al. went to Hailong Market, Haidian District; Huangzhuang Metro Station in Haidian District; the East Gate of Peking University; and the West Gate of Tsinghua University to continue raising banners and distributing leaflets, [again] attracting onlookers. They also defied efforts to restore control by relevant security personnel and got into physical altercations with them. Photos and other information about the aforementioned acts were uploaded to the Internet.
3. On March 31, 2013, Zhang Baocheng, Yuan Dong, and Hou Xin colluded with Ma Xinli (case handled separately) et al to display banners and distribute leaflets in Beijing’s Xidan Culture Square. They used a megaphone to give speeches and took photos and made video-recordings at the scene, attracting onlookers, and they defied and obstructed efforts of public security police officers to enforce the law. Photos and other information about this action were uploaded to the Internet.
After committing these offenses, the defendant Xu Zhiyong was taken into custody by the public security organ.
Evidence confirming the aforementioned facts includes:
Physical evidence, documentary evidence, witness testimony, the statement and justification of the defendant, evaluation reports, inspection records, audiovisual materials, and electronic data.
This procuratorate finds that the defendant Xu Zhiyong on multiple occasions engaged in the acts of organizing and orchestrating the gathering of a crowd to disrupt the order of a public place and defied and obstructed the efforts of the state’s public safety management personnel to carry out their duties in accordance with the law. The circumstances are serious, and he qualifies as a ringleader. His acts constitute a violation of the provisions of Article 291 of the Criminal Law of the PRC. The facts of his crimes are clear, and the evidence reliable and sufficient; [thus] criminal responsibility should be pursued for the offense of gathering a crowd to disrupt the order of a public place. In accordance with Article 172 of the Criminal Procedure Law of the PRC, we hereby issue this indictment and request punishment in accordance with the law.
Sincerely submitted to
Beijing Municipal No. 1 Intermediate People’s Court
Assistant Procurator: WANG Bin
Assistant Procurator: SUN Ao
Assistant Procurator: LI Nan
December 13, 2013