Legal Entities and Relationships
Legal Elements
Criminal Charge
• Crime of Picking Qurels and Provoking Trouble (Article 293 of the Criminal Law of the People’s Republic of China).
Constitutive Elements
• Actus Reus: Disseminating false information via VPN tools on online platforms.
• Harmful Consequences: Disrupting social order and causing severe chaos in public order.
• Mens Rea: Intentional dissemination of known false information.
Procedural Law Basis
• Article 176 of the Criminal Procedure Law of the People’s Republic of China (prosecution requirements).
Parties Involved
Defendant
• Name: Chen Jingyuan
• Role: Alleged perpetrator of the crime.
• Background: Unemployed, holds a PhD degree, resides in Shanghai.
Prosecuting Authority
• Entity: People’s Procuratorate of Xishan District, Kunming City.
• Role: Initiating public prosecution.
Adjudicating Authority
• Entity: People’s Court of Xishan District, Kunming City.
• Role: Trial jurisdiction.
Case Handling Personnel
• Prosecutor: Ge Bin
• Prosecutor Assistant: Li Zhenwu
Timeline
Criminal Conduct Period
• July 2019 to April 2022: Continuous dissemination of false information.
Enforcement Actions
• September 6, 2022: Defendant apprehended in Kunming (Runcheng Residential Area).
• September 7, 2022: Criminal detention by Xishan District Public Security Bureau.
• October 14, 2022: Formal arrest approved by the procuratorate.
Procedural Milestones
• December 16, 2022: Case transferred to procuratorate for review.
• December 16, 2022: Defendant informed of rights (e.g., legal counsel).
• January 12, 2023: Indictment filed with the court.
Evidence Framework
Evidence Categories
• Material evidence, documentary evidence, defendant’s statements, expert opinions, investigative records, audiovisual materials, and electronic data.
Key Evidence Correlations
• Electronic Data: VPN usage logs and chat records proving dissemination.
• Social Impact: Expert evaluations or witness testimonies on public order disruption.
Legal Entity Relationships
Defendant: Chen Jingyuan
│
├─ Conduct: Disseminated false information (2019–2022)
├─ Legal Violation: Article 293 (Criminal Law)
├─ Enforcement: Detention → Arrest → Custody (Xishan Detention Center)
└─ Proceedings: Investigation → Prosecution → Trial
│
└─ Prosecution: Xishan Procuratorate (via Criminal Procedure Law, Art. 176)
Key Conclusions
• The indictment establishes a complete chain of evidence, focusing on the defendant’s intentional dissemination of false information and its severe societal impact.
• Procedural timelines align with statutory requirements for criminal cases in China.
• The case hinges on proving the causal link between online actions and public order disruption.
Let me know if further details are needed!
[Chinese]