Analysis and Evaluation

Overview of Dr. Chen Jingyuan’s Self-Defense Statement

Dr. Chen Jingyuan, in his Self-Defense and Accusation from Prison, argues that the evidence used by the Kunming authorities to convict him of “picking quarrels and provoking trouble” under Article 293 of the Criminal Law of the People’s Republic of China consists of academic and theoretical articles, analyses, and comments he forwarded on Twitter. These posts cover a wide range of topics, including political affairs, history, ideology, and academic theories, such as the widely discussed post [An Objective Evaluation of Xi Jinping], articles by Professor Xu Zhangrun, speeches by former U.S. President Donald Trump criticizing communism, statements by former U.S. Secretary of State Mike Pompeo on U.S.-China relations, and various U.S. government reports on China. Chen asserts that as a cross-disciplinary scholar, engaging with diverse perspectives through reading, forwarding, and commenting on such content is a fundamental part of his research methodology. He emphasizes that these posts were not his original creations but were merely forwarded for future reference and analysis. He further notes that his Twitter account has fewer than 100 followers, and his posts have minimal engagement, with most receiving zero retweets. Chen argues that labeling his actions as “spreading rumors” and convicting him of a crime for simply engaging with such content violates his basic rights as a citizen and scholar. He also highlights that even his Google/YouTube viewing history, which includes videos he merely watched without forwarding or commenting on, was used as “ironclad evidence” of his alleged crimes. Chen contends that the authorities’ logic—classifying academic engagement as criminal behavior—undermines the foundations of human civilization, as all human knowledge, including scientific theories like relativity and quantum mechanics, contains inherent flaws and biases.

Comment on Dr. Chen Jingyuan’s Self-Defense Statement

Dr. Chen Jingyuan’s self-defense statement is a compelling and well-reasoned argument that highlights several critical issues in the Kunming authorities’ enforcement actions. His defense can be evaluated from the following perspectives:

  1. Academic Freedom and Scholarly Research:

    • Chen’s argument that engaging with diverse perspectives is a fundamental part of academic research is valid and aligns with global academic norms. Scholars, especially those in cross-disciplinary fields, routinely collect, analyze, and discuss a wide range of materials, including controversial or dissenting viewpoints, to advance knowledge. Forwarding or commenting on such content for research purposes does not constitute a criminal act but is a legitimate exercise of academic freedom.

    • Chen’s point about the inherent flaws in human knowledge systems, including scientific theories like relativity and quantum mechanics, is philosophically sound. No knowledge system is perfect, and academic progress relies on questioning, debating, and refining ideas. Labeling academic engagement as “spreading rumors” stifles intellectual inquiry and undermines the principles of rational discourse.

  2. Freedom of Speech and Civic Responsibility:

    • Chen correctly asserts that engaging with and discussing political, historical, and ideological issues is a basic right and responsibility of citizens. The Constitution of the People’s Republic of China (hereinafter referred to as the Constitution), Article 35, guarantees citizens’ freedom of speech, which includes the right to express opinions on public affairs. Chen’s actions—forwarding and commenting on posts—fall within this protected scope.

    • His argument that even biased or flawed content (e.g., U.S. government reports) can contain valuable insights is reasonable. Critical engagement with such materials, including forwarding them for further analysis, is a legitimate exercise of free speech and does not inherently harm public order or national interests.

  3. Mischaracterization of “Rumors”:

    • Chen’s critique of the authorities’ blanket classification of academic and theoretical content as “rumors” is well-founded. The term “rumor” in the context of Article 293 of the Criminal Law and the 2013 Two Highs Interpretation typically refers to fabricated factual claims (e.g., false disaster reports) that cause measurable harm. The posts Chen engaged with, such as academic articles, political speeches, and government reports, are opinions, analyses, or official statements, not fabricated facts. Labeling them as “rumors” is a misapplication of the law.

  4. Disproportionate Enforcement:

    • Chen’s point about the minimal reach of his Twitter account (fewer than 100 followers, zero retweets) is significant. The Two Highs Interpretation requires that online dissemination of false information must have a measurable impact (e.g., 500 retweets or 5,000 views) to constitute a crime. Chen’s limited engagement does not meet this threshold, and the authorities’ claim of “massive dissemination” is baseless and exaggerated.

    • The inclusion of Chen’s Google/YouTube viewing history as “evidence” of criminal behavior is particularly egregious. Watching videos without forwarding or commenting on them is a passive act that cannot be construed as “disseminating false information” under any legal definition. This suggests a severe overreach by the authorities.

  5. Philosophical Critique of the Authorities’ Logic:

    • Chen’s broader philosophical argument—that the authorities’ approach undermines the foundations of human civilization—is a powerful critique. By criminalizing the act of engaging with imperfect or controversial ideas, the authorities effectively reject the iterative nature of human knowledge production. This not only stifles academic freedom but also sets a dangerous precedent for intellectual suppression.

Summary of Comment: Dr. Chen Jingyuan’s self-defense statement is a robust defense of his actions as a scholar and citizen. He effectively demonstrates that his engagement with academic and theoretical content was a legitimate exercise of academic freedom and free speech, protected under the Constitution. His critique of the authorities’ mischaracterization of such content as “rumors” and their disproportionate enforcement actions is legally and philosophically sound. Chen’s argument highlights the broader implications of the authorities’ actions, which threaten the principles of rational inquiry and civic discourse.

Deficiencies and Errors in the Kunming Authorities’ Enforcement Actions

The Kunming authorities’ decision to convict Dr. Chen Jingyuan of “picking quarrels and provoking trouble” based on his forwarded academic and theoretical posts exhibits several significant deficiencies and errors:

1. Misapplication of the Legal Definition of “Rumors”

Issue:

  • The authorities classified a wide range of academic and theoretical content—such as articles by Professor Xu Zhangrun, U.S. government reports, and political speeches—as “rumors.” However, these posts are opinions, analyses, or official statements, not fabricated factual claims. The Two Highs Interpretation defines “false information” as fabricated facts that cause measurable harm, not subjective opinions or academic discourse.

  • The authorities failed to provide evidence that the content was false or that it caused harm, as required by Article 293 of the Criminal Law.

Legal Basis:

  • Article 293 of the Criminal Law requires that the act of “disseminating false information” involve fabricated facts that disrupt public order. The content Chen engaged with does not meet this definition.

  • Article 5 of the Two Highs Interpretation specifies that online dissemination of false information must have a measurable impact (e.g., 500 retweets or 5,000 views) to constitute a crime. Chen’s posts had minimal engagement, with most receiving zero retweets.

Conclusion: The authorities’ classification of academic and theoretical content as “rumors” is a misapplication of the law, lacking legal grounding.

2. Lack of Evidence of “Serious Disruption to Public Order”

Issue:

  • The authorities failed to provide evidence that Chen’s forwarded posts caused a “serious disruption to public order.” Chen’s Twitter account has fewer than 100 followers, and his posts received zero retweets, indicating no significant dissemination or impact.

  • The Two Highs Interpretation requires quantifiable consequences (e.g., 500 retweets or 5,000 views) or other severe outcomes (e.g., mass incidents) to establish a crime. The authorities’ claim of “massive dissemination” is baseless.

Legal Basis:

  • Article 53 of the Criminal Procedure Law of the People’s Republic of China (hereinafter referred to as the CPL) requires that a conviction be based on clear and sufficient evidence, ruling out reasonable doubt. The authorities provided no evidence of dissemination or impact.

  • Article 5 of the Two Highs Interpretation sets a threshold for online dissemination, which Chen’s actions do not meet.

Conclusion: The authorities’ conviction lacks sufficient evidence to establish the required consequence of “serious disruption to public order,” violating the evidentiary standards of the CPL.

3. Violation of Constitutional Rights to Free Speech and Academic Freedom

Issue:

  • Chen’s actions—forwarding and commenting on academic and theoretical content—are protected under the Constitution as exercises of free speech and academic freedom. The authorities’ classification of these actions as criminal behavior infringes on Chen’s constitutional rights.

  • The authorities failed to demonstrate how Chen’s actions specifically harmed national interests or public order, as required to justify restricting his rights under Article 51 of the Constitution.

Legal Basis:

  • Article 35 of the Constitution guarantees citizens’ freedom of speech, which includes the right to engage with and discuss academic and political content.

  • Article 47 of the Constitution protects citizens’ rights to engage in scientific research, literary creation, and other cultural activities, which includes academic inquiry.

  • Article 51 of the Constitution allows for restrictions on rights, but such restrictions must be lawful, necessary, and proportionate. The authorities did not provide sufficient evidence to justify the restriction.

Conclusion: The authorities’ actions violate Chen’s constitutional rights to free speech and academic freedom, as they failed to justify the necessity of restricting these rights.

4. Overreach in Using Passive Engagement as Evidence

Issue:

  • The authorities used Chen’s Google/YouTube viewing history—specifically, videos he merely watched without forwarding or commenting on—as “evidence” of criminal behavior. Watching content is a passive act that cannot be construed as “disseminating false information” under any legal definition.

  • This overreach suggests that the authorities are criminalizing not only active engagement (e.g., forwarding posts) but also passive consumption of information, which sets a dangerous precedent for intellectual freedom.

Legal Basis:

  • Article 293 of the Criminal Law requires an active act of dissemination to constitute a crime. Passive consumption of content does not meet this requirement.

  • Article 2 of the CPL mandates that criminal proceedings protect citizens’ rights. Using viewing history as evidence violates Chen’s right to access information.

Conclusion: The authorities’ use of Chen’s viewing history as evidence is a gross overreach, lacking legal basis and violating his rights.

5. Lack of Procedural Justice

Issue:

  • The authorities did not thoroughly verify the nature of the content Chen engaged with or its impact, directly classifying it as “rumors” without a transparent evidence collection and classification process.

  • The authorities failed to provide evidence of official refutations or clarifications to support their claim that the content was “false information.”

Legal Basis:

  • Article 2 of the CPL mandates that criminal proceedings ensure the correct implementation of the law and protect citizens’ rights. The authorities’ failure to carefully verify evidence violates procedural justice.

  • Article 50 of the CPL requires that evidence be directly related to the facts of the case, which the authorities failed to establish.

Conclusion: The authorities lacked transparency and diligence in evidence verification, violating the procedural justice requirements of the CPL.

6. Potential Political Motivation and Abuse of Power

Issue:

  • The content Chen engaged with includes politically sensitive topics, such as critiques of the Chinese government and U.S.-China relations. The authorities may have been driven by political sensitivity to classify this content as “rumors” and convict Chen, rather than basing their actions on legal facts.

  • The authorities’ broad interpretation of “rumors” to include academic and theoretical content suggests an intent to suppress dissent and intellectual inquiry, rather than enforce the law impartially.

Legal Basis:

  • Article 5 of the Constitution mandates the rule of law, and no organization or individual may act above the Constitution and laws. Law enforcement must be based on legal facts, not political considerations.

  • Article 12 of the CPL states that no one may be deemed guilty without a court judgment. The authorities’ conviction with insufficient evidence violates the principle of presumption of innocence.

Conclusion: The authorities may have been influenced by political motives, failing to act in accordance with the law, raising concerns of potential abuse of power.

Overall Assessment

Comment on Chen’s Defense: Dr. Chen Jingyuan’s self-defense statement effectively demonstrates that his engagement with academic and theoretical content was a legitimate exercise of academic freedom and free speech, protected under the Constitution. His critique of the authorities’ mischaracterization of such content as “rumors,” their disproportionate enforcement, and their broader threat to intellectual freedom is both legally and philosophically sound. Chen’s argument underscores the importance of protecting academic inquiry and civic discourse, which are foundational to human civilization.

Deficiencies and Errors in Enforcement:

  • Misapplication of “Rumors”: The authorities misclassified academic and theoretical content as “rumors,” lacking legal grounding.

  • Lack of Evidence: The authorities failed to prove a “serious disruption to public order,” as Chen’s posts had minimal engagement.

  • Violation of Constitutional Rights: The authorities infringed on Chen’s rights to free speech and academic freedom under Articles 35 and 47 of the Constitution.

  • Overreach: Using Chen’s viewing history as evidence is a gross overreach, lacking legal basis.

  • Lack of Procedural Justice: The authorities lacked transparency and diligence in evidence verification, violating procedural justice.

  • Political Motivation: The authorities may have been driven by political sensitivity, suggesting an abuse of power.

Final Conclusion: The Kunming authorities’ conviction of Dr. Chen Jingyuan for “picking quarrels and provoking trouble” based on his engagement with academic and theoretical content lacks a solid legal basis, failing to meet the elements of Article 293 of the Criminal Law and the Two Highs Interpretation. The enforcement actions exhibit significant deficiencies in evidence relevance, sufficiency, constitutional protection, procedural justice, and impartiality. The authorities’ approach not only violates Chen’s rights but also threatens the principles of academic freedom and rational discourse, reflecting broader tensions between political control and constitutional rights in China’s judicial practice.

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