Beijing Municipal People's Procuratorate Criminal Indictment

Beijing Municipal People's Procuratorate Branch No. 1 Criminal Prosecution No. (2001) 222

THE DEFENDANTS

XU WEI
Male, 27, born August 12, 1974. Native of Yantai City, Shandong Province. Ethnicity: Han. Former reporter and editor at Consumer Daily newspaper. Former resident of 32 Xiaoyun Street, Chaoyang District, Beijing. Registered permanent address: B22 Fuwai Street, Xicheng District, Beijing. Detained by the Beijing State Security Bureau on March 13, 2001. Formally arrested by the Beijing State Security Bureau on April 20, 2001, with the approval of this Procuratorate for "subversion of state power." Currently detained in the Beijing State Security Bureau detention center.

YANG ZILI
Male, 29, born December 10, 1971. Native of Handan City, Hebei Province. Ethnicity: Hui [Muslim]. Unemployed. Former resident of Building 5, Apartment 604, West Bali Village, Haidian District, Beijing. Registered permanent address: 55 South Xueyuan Street, Haidian District, Beijing. Detained by the Beijing State Security Bureau on March 13, 2001. Formally arrested by the Beijing State Security Bureau on April 20, 2001, with the approval of this Procuratorate for "subversion of state power." Currently detained in the Beijing State Security Bureau detention center.

JIN HAIKE
Male, 25, born May 26, 1976. Native of Yanling County, Henan Province. Ethnicity: Han. Unemployed. Former resident of A2-1 Lishuiqiao, Chaoyang District, Beijing. Detained by the Beijing State Security Bureau on March 13, 2001. Formally arrested by the Beijing State Security Bureau on April 20, 2001, with the approval of this Procuratorate for "subversion of state power." Currently detained in the Beijing State Security Bureau detention center.

ZHANG HONGHAI
Male, 27, born November 1, 1973. Former tenant of Chengzeyuan outside the East Entrance of Beijing University, Haidian District, Beijing. Registered permanent address: 2 East Sihou Street, Wuyun Town, Jinyun County, Zhejiang Province. Detained by the Beijing State Security Bureau on March 13, 2001. Formally arrested by the Beijing State Security Bureau on April 20, 2001, with the approval of this Procuratorate for "subvervsion of state power." Currently detained in the Beijing State Security Bureau detention center.

The investigation by the Beijing State Security Bureau of defendants Xu Wei, Yang Zili, Jin Haike and Zhang Honghai on the charge of "subversion of state power" has now been concluded, and submitted to this Procuratorate for examination and prosecution. After examining the record according to the law, it is now clear that the defendants Xu Wei, Jin Haike and Zhang Honghai, together with Zhang Yanhua and Fan Erjun (the latter two are being prosecuted separately), illegally formed the New Youth Society organization secretly in Jin Haike's dormitory room at the Beijing Geological Survey Institute in early May 2000. On August 29 of the same year, defendant Yang Zili joined the New Youth Society. All four defendants swore oaths to the organization. They drew up a constitution that sought to “actively seek ways to change society.” The organization also divided its work between members. Xu Wei served as the Secretary General and Fan Erjun and Zhang Honghai as secretaries.

Defendants Xu Wei, Yang Zili, Jin Haike and Zhang Honghai met secretly many times since August 2000 in places like Beijing University and China People’s University. The organization proposed that the current political regime in China should be reformed, society needed to be reorganized and a liberal social system should be re-established. It was proposed that branch groups would be established throughout China. The organization published articles through the Internet, including, “Be a new citizen, reform China,” and “What’s to be done.” They also made preparations for Web sites and journals that would enlarge their organization's scale and influence. The defendants claimed, "China's current form of democracy is not true democracy," and proposed an "end to the gerontocracy and the formation of a New Youth China." Their intent was to overthrow the Chinese Communist Party's leadership and the socialist system, and subvert the regime of the people's democratic dictatorship.

Defendants Xu Wei, Yang Zili, Jin Haike and Zhang Honghai were each arrested after committing their crimes. The facts of the above crimes are clear, the evidence is sound and sufficient to prove that the crimes were committed.

This Procuratorate considers: defendants Xu Wei, Yang Zili, Jin Haike and Zhang Honghai disregarded state laws and illegally formed an organization to plot and carry out subversion of state power and overthrow the socialist system. The actions of the four defendants violated the provisions of section 1 of Article 105 of the Criminal Code of the People's Republic of China, and thus constituted the crime of subversion of state power. According to provisions of Article 141 of the Criminal Procedure Law of the People's Republic of China, this Procuratorate requests public prosecution and punishment according to law.

To: The Number One Intermediate People's Court of the Beijing Municipality
Prosecutor: Li Leisen
Deputy Prosecutor: Zhang Xiaoyu
Secretary: Wang Weiling
(Seal: Beijing Municipal People's Procuratorate Branch No. 1)
August 29, 2001