# DeepSeek

## Professional Legal Analysis and Evaluation of the Case Involving "Picking Quarrels and Provoking Trouble" 

### **I. Legal Framework of "Picking Quarrels and Provoking Trouble" (PXQT)**

1. **Statutory Basis**  

   • Article 293 of China’s *Criminal Law* defines PXQT as acts that "disrupt public order" through intentional provocation, fighting, threats, or spreading false information.  

   • The 2013 *Judicial Interpretation on Online Defamation by the "Two Supremes"* (Supreme People’s Court and Supreme People’s Procuratorate) expands the scope to include online acts, criminalizing the "creation or dissemination of false information" that causes "serious public disorder."


2. **Key Elements for Conviction**  

   • **Objective Element**: Acts must disrupt public order to a "serious extent."  

   • **Subjective Element**: Intent to provoke or disrupt, with knowledge that the information is false.  

   • **Causation**: A direct link between the act and the alleged harm to public order.

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### **II. Analysis of the Case Against Chen Jingyuan**

#### **A. Factual and Legal Issues in the Case**

1. **Nature of the Forwarded Content**  

   • **Prosecution’s Claim**: The retweeted posts constituted "false information" attacking China’s leadership and political system.  

   • **Defense’s Counterarguments**:  
   
     ◦ Most posts were academic opinions, subjective expressions, or emotional commentary without verifiable "truth value."  

     ◦ Some content had been published on state-affiliated platforms (e.g., CCTV, Guangming Daily) and were never officially labeled as "false."  

   • **Legal Gap**: Chinese law lacks clear criteria to distinguish "false information" from non-factual opinions. The prosecution conflated ideological dissent with criminalized falsehoods.

2. **Subjective Intent**  

   • **Prosecution’s Argument**: Chen, as a highly educated individual, "knew" the content was false and intended to disrupt order.  

   • **Defense’s Response**:  

     ◦ No evidence proved Chen knowingly spread falsehoods. Forwarding without modification does not imply endorsement or intent.  

     ◦ Subjective intent was inferred from Chen’s education level, violating the legal principle that intent must be proven objectively.  

3. **Severity of Public Disorder**  

   • **Prosecution’s Claim**: Chen’s actions caused "serious disorder."  

   • **Defense’s Evidence**:  

     ◦ Chen’s account had fewer than 100 followers and minimal engagement (total retweets <100 over 20 years).  

     ◦ No proof of actual societal disruption (e.g., protests, riots, or measurable harm).  

   • **Legal Standard**: The *Judicial Interpretation on Online Defamation* sets quantitative thresholds (e.g., 500+ reposts) for "serious disorder," which Chen’s case did not meet.  

4. **Procedural Irregularities**  

   • **First Instance**: Closed trial, limited defense participation, and reliance on unverified electronic data.  

   • **Second Instance**: No hearing, dismissal of appeals without substantive review.  

   • **Violations**: Contradicted Articles 11 (public trials) and 14 (right to defense) of China’s *Criminal Procedure Law*.

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### **III. Critical Evaluation of the Legal Application**

1. **Overbreadth of PXQT**  

   • The vague wording of PXQT allows it to function as a "catch-all" charge for suppressing dissent. Courts often conflate political criticism with criminal acts, undermining legal certainty.  

2. **Misapplication of the Judicial Interpretation**  

   • The prosecution invoked Article 5(2) of the *Judicial Interpretation on Online Defamation*, which applies to defamation, not PXQT. This reflects improper legal reasoning and conflation of distinct offenses.  

3. **Selective Enforcement**  

   • Original authors of the posts and other users who shared the same content were not prosecuted. This violates Article 4 of China’s *Criminal Law* (equal application of law).  

4. **Presumption of Guilt**  

   • The court presumed Chen’s intent based on his education, reversing the burden of proof. This contravenes the *presumption of innocence* under Article 12 of China’s *Criminal Procedure Law*.  

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### **IV. Broader Implications**

1. **Chilling Effect on Free Expression**  

   • The case exemplifies how PXQT criminalizes ordinary online activities, deterring legitimate political discourse and academic debate.  

2. **Judicial Independence Concerns**  
   • The court’s reliance on unsubstantiated claims (e.g., "special instructions from higher-level leaders") and refusal to address procedural flaws suggest political influence over judicial outcomes.  

3. **Human Rights and Rule of Law**  
   • The case highlights tensions between China’s national security framework and international human rights standards (e.g., ICCPR Article 19 on freedom of expression).  

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### **V. Recommendations**

1. **Legal Reforms**  

   • Clarify definitions of "false information" and "public disorder" to prevent misuse of PXQT.  

   • Strengthen procedural safeguards (e.g., mandatory hearings for appeals, strict evidence standards).  

2. **Judicial Accountability**  

   • Investigate allegations of selective enforcement and procedural violations in this case.  

3. **International Scrutiny**  

   • Encourage dialogue with UN human rights mechanisms to address systemic issues in China’s cyber-crime framework.  

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### **Conclusion**

The conviction of Chen Jingyuan reflects systemic flaws in China’s application of PXQT, including overbroad interpretations, procedural irregularities, and political bias. While the verdict technically adheres to statutory wording, it contravenes principles of legality, proportionality, and fairness. This case underscores the urgent need for legal reforms to align China’s criminal justice system with international rule-of-law standards.


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[[Chinese](/chats/answers/deepseek/overview_cn.md)]