In the case of the leak of Xi Jinping‘s Family‘s personal information (the Vulgar Wiki case) that has attracted attention at Home and abroad, 24 young Internet users were charged, including 20-year-old Niu Tengyu, an operator of the Vulgar Wiki website, who was charged by Guangdong police in Maoming as the “main culprit” and sentenced to 14 years, but Parents and those in the know said the young people were “scapegoats. The parents and those in the know say that these young people are “scapegoats”.
A few days ago, an informant, “Nighthawk,” wrote to explain that the leak of information about Xi Jinping’s daughter Xi Mingze and related family members was a high-level blackout of Xi Jinping by anti-Xi forces within the Communist Party. The article also includes a reference to the legal basis of the case.
The following is the full text.
Regarding the leaked photos of Princess Xi, Li Yanming analyzed that the CCP’s political and legal system has long been manipulated by the CCP’s Jiang Zemin group. Guo Shengkun, the current secretary of the Political and Legal Committee, is the cousin and nephew of Jiang’s No. 2 figure, Zeng Qinghong. The fallen Shanghai Public Security Bureau chief Gong Daogan is a former member of former Political and Legal Committee Secretary and Shanghai Gang VIP Meng Jianzhu. The Guangdong Maoming police involved in the case have repeatedly stirred up trouble against Xi; Li Chunsheng, the current Guangdong Provincial Public Security Bureau chief, is a high-ranking henchman of Jiang Zemin’s group’s political and legal system. The anti-Xi color of Jiang Zemin’s group has become obvious around the case of Xi and his daughter Xi XX’s information being leaked.
Li Yanming analysis, involving Xi and his daughter Xi Mingze information leaked vulgar Wiki case at home and abroad public opinion focus, the Guangdong Provincial Public Security Department to blame the black curtain exposure, the Guangdong Provincial Public Security Department Discipline Inspection Commission still went to the first detention center in Maoming, pressure to create an atmosphere of terror, not to calm things down, but to intensify the situation, the top wind, obviously want to make the incident bigger, in view of the recent Jiang Zemin Group coup attempts and signs of anti-Xi, highlighting Zhou Yongkang In the context of the Xi camp’s increasing efforts to purge the political and legal system, Li Chunsheng’s move may bring about his downfall.
It is reported that the parents believe that these children are not being wronged because they have damaged the image of the “top leaders and government of the country”, or because they are “anti-party and anti-China”, or because they have affected the “stability of the country”. It is not because it affects “national stability”, but because it has become the “cannon fodder” for the task force to “take credit” and “take credit” for the case. The “sacrifice” of the law enforcement agencies to avoid responsibility, power and money deals and injustice!
The overseas vulgar wiki website claims to have purchased the confidential content of the investigation stage of this case at a high price, and has disclosed several confidential documents of the task force of this case on the website, two of which (one of which is stamped with the official seal of the police) involve the police harboring the actual administrator of the vulgar wiki, Gu Yang Yang! Why didn’t the police arrest Gu Yang Yang? Why did the police arrest Gu Yang Yang and then release him? Why did the task force on this case remove Gu Yang Yang from the list of fugitives in January 2020? Why were the names “/////” and “Mr. K” used instead of Gu Yang Yang’s name in many statements in the verdict? Who has manipulated the content of the court’s verdict? Was the content of the verdict manipulated to cover up the fact that the task force in this case had harbored Gu Yangyang? Was there a “power and money deal” behind the scenes?
The re-sentencing of Niu Tengyu and others was done intentionally.
- Knowing full well that Xi Jinping was involved in this case, they dared to take the blame and use the vulgar members as scapegoats.
- Knowing that Xi Mingze was involved, he let go of Gu Yang Yang and dared to trade power and money.
3, deliberately will Niu Teng Yu heavy sentence, is to trigger international public opinion, the verdict is outrageously flawed, but also intentionally.
The above can be seen someone deliberately black Xi Jinping.
The verdict in this case is full of loopholes for every vicious wiki member, all of them are blatantly trampling on the law, all of them are not referring to similar cases in China, all of them are ignoring the criminal law and creating new legal standards, all of them are lowering the crime standard of provocation and nuisance to an unprecedentedly low level, all of them are despised by any legal person. Does the public prosecution system not know the law?
The members of the trial committee of the court of first instance in this case do not know the law, but it is “certain leaders” who, under the guise of maintaining the “image of the government” and the “image of senior leaders” and on the grounds that the case involves political and confidential matters, are not aware of the law. In the name of selfishness and self-interest, they trampled on the law and manipulated the first instance verdict of this case without regard to the stability of the country!
The “certain leaders” who controlled the outcome of this case should not be so devoid of “political wisdom”, “big picture” and “political pattern”. Therefore, the “certain leaders” in control of the task force in this case have “hoodwinked the senior leadership”, “harboring the main culprit”, “money and power deals” and The “money and power deal” and “evade responsibility” of major disciplinary actions, is likely to be malicious deliberately in the “senior black”! It is likely that the purpose of “senior black”, under the guise of defending the image of “senior leaders of the country”, is specifically to maliciously damage the image of “senior leaders of the country”!
Attachment: Reference to the legal basis for the injustice of the caught vulgar wiki members
The first instance court decision in this case has 5 obvious errors in the legal aspect! This case was arrested vulgar wiki members, do not constitute provocation crime!
First, the Central Committee of the Communist Party of China to carry out the “fight against black and evil” three-year action in the guiding regulations, qualifying the evil criminal group is four characteristics: organizational characteristics, behavioral characteristics, harm characteristics and economic characteristics. Based on the facts and logical analysis, this case identified vicious wiki evil forces criminal group simply does not have any of these four characteristics, this case is not an evil forces criminal group case at all! All of the members of this case should be sentenced independently, have nothing to do with the group crime!
The central government’s so-called “black out” three years of action, according to the guiding regulations, qualifying the evil forces criminal group is four characteristics.
1, is the organizational characteristics. Often gathered together, generally more than three people, the collectors are relatively fixed. But the vicious wiki site in this case, although the surface has a site manager, administrator, administrator and members, but between members, members and administrator layer mostly do not know each other, there is no leadership and leadership relationship, members in this platform to create and edit the words are the spontaneous behavior of members, even the site down to withdraw the words need to be voted on by members, and there is no so-called primary elements to organize, plan, command and There is no so-called prime elements to organize, plan, direct and force the members of the website, which does not meet the organizational characteristics of the criminal group of evil forces.
2, is the behavior characteristics. With violence, threats or other means, in a certain area or industry to repeatedly implement illegal and criminal activities, for the wrongdoing, oppression of the people. But the vicious wiki website is the international encyclopedia class common model, such as Baidu encyclopedia, 360 encyclopedia, Wikipedia, etc. The vicious wiki website is imitating the WikiLeaks website for the purpose of exposing the villains, some of the words created and edited, if no violation of personal privacy, the source of the content is the proper channel and the content is true, it should not be considered a criminal act! The people whose entries are publicized on the site are all wrong and controversial people, and the information disclosed in each entry does not constitute a serious crime of violating citizens’ information according to the relevant laws. Therefore, the vicious wiki site does not meet the characteristics of the behavior of the evil criminal group!
3, is the harm characteristics. Disturbance of economic and social Life order, resulting in a more severe social impact, but has not yet formed a triad nature organization. But the vicious wiki site custom is a free to participate, to expose the evil of the evil pillar of shame, is used to hang out those they consider to be social scum but did not get the punishment they deserve! The website members are actually just a closed coterie of all kinds of netizens who have formed themselves for various reasons such as pursuing justice, having fun and avenging their personal vendettas, with only nine hundred or so members. Because the site’s server is located in foreign countries, browsing pages need to go over the wall, the number of views is very small, almost no social influence. According to the announcement and statement on the front page of Vulgar Wiki, the site claims to be a righteous website that exposes the truth and is not anti-China or anti-government, but it just doesn’t have the energy to manage each user well, resulting in some illegal information entering the site! The Vicious Wiki website does not allow the existence of political-related words and phrases that have not caused the so-called bad social impact. Almost all of the words edited by Vulgar Wiki are controversial characters, social celebrities, public figures and some bad people with evil deeds in the Vulgar circle, without bullying to the common people. Therefore, the wicked wiki site does not meet the harmful characteristics of the evil criminal group!
4, is the prototype of the triad, in pursuit of economic interests to become the cohesion of the criminal group. But the vicious wiki site is created because of the pursuit of profit by rejecting the B site, the site’s operating costs rely on the site founder’s private sponsorship, there is no purpose and result of the pursuit of economic interests, so the vicious wiki site is not the pursuit of economic interests of the criminal group!
To sum up, the vicious wiki website should not be defined as a vicious criminal group, so, also, the vicious wiki members in this case should not be punished as a member of a vicious criminal group!
Second, if the vicious wiki members in this case are prosecuted for the crime of provocation and nuisance, as these members are prosecuted for freedom of expression in cyberspace, then the judicial interpretation of the crime of network provocation and nuisance should be used to analyze the behavior of the suspects, the degree of bad behavior and the consequences caused by the behavior!
Article 5 of the “Interpretation of Several Issues on the Application of Law in Handling Criminal Cases of Defamation by Using Information Network” published by the Supreme Court and the Supreme Prosecutor stipulates that if a person uses information network to abuse and intimidate others, and the circumstances are bad enough to damage the social order, he shall be convicted and punished for the crime of provocation and nuisance in accordance with the provisions of Article 293 (1) (2) of the Criminal Law. If a person fabricates false information, or knowingly spreads false information on the information network, or organizes or instructs people to spread it on the information network, causing serious disorder in public order, he shall be convicted and punished for the crime of provocation and nuisance in accordance with the provisions of Article 293(1)(4) of the Criminal Law.
The case of all the vulgar wiki members, not all have the above behavior, some behavior is the release of personal privacy, that is suspected of infringing the crime of citizen information; some behavior is satirical flirtation, that is not a crime; some behavior is to describe the objective facts, that is not a crime! If the case of the vulgar wiki members, a member has not been abusive, intimidating behavior, and has not been “fabricated false information” behavior, and has not been “knowingly fabricated false information, but still in the information network to spread” behavior. If the court of first instance sentenced this member for the crime of provoking and provoking trouble, it would be a mistake in the application of the law. As a matter of fact, some of the members of the vulgar wiki in this case did not have the above-mentioned behavior, and the court of first instance found that these members constituted the crime of provocation and nuisance, which is an error in the application of law!
Third, according to the above-mentioned judicial interpretation: to constitute the crime of provoking and provoking trouble on the Internet, not only the above-mentioned judicial interpretation must be found, but also the above-mentioned behavior must at least reach the three levels of “bad circumstances”, “disrupting the social order” and “causing serious disorder”. The above-mentioned acts must not only have the behaviors identified in the above judicial interpretation, but also have at least one of the three results of “aggravating circumstances”, “disrupting social order” and “causing serious disorder”.
The Legal Working Committee of the Standing Committee of the National People’s Congress has defined “aggravating circumstances”: causing bad influence or arousing public anger, causing other consequences, etc.!
Vulgar Wiki is an offshore website with very few views and very little influence, a website created by a bunch of kids, which will only cheat kids, not many adults will read and believe it, most of the words on the website will not “disrupt social order” and “cause serious disorder in public order The majority of words on the site will not “disrupt social order” and “cause serious public disorder”, and it is difficult to cause bad influence or provoke public anger!
Vulgar wiki members are suspected of constituting a network provocation crime, is mainly to consider whether the contribution value of the words caused other consequences, and other consequences here, should be mainly refers to cause significant personal injury! Because no victim has ever sued the vulgar wiki member, because hundreds of other vulgar wiki members in the same case were not taken back by the task force as criminals, thus reasoning: the behavior of the vulgar wiki member in this case, did not constitute a “bad” behavior!
As we all know, “editing entries” is not a crime in itself, for example, there are millions of entries in Baidu, and if the content of the edited entries is objective and true, it is a legal act! Many of the entries on the Vulgar Wiki site have tens of thousands of words, with the most being more than 80,000 words, and most of these entries are edited by many members. “For example, there are millions of entries in Baidu, and if the content of the edited entries is objective and true, it is legal! Many of the entries on the Vulgar Wiki have tens of thousands of words, and the largest entry has more than 80,000 words of content, and these entries are mostly edited by many members. The task force in this case did not bother to identify whether the content edited by the children was “freedom of speech” or “cyber violence”, whether it was “the pursuit of justice” or “oppression of the people”, and whether it was “objective facts” or “the truth”. objective facts” or “invasion of privacy”, whether “serious consequences” or “deterrence of evil”, but generalized the children’s editing on the site had The “number” of “contribution value” as the basis for the prosecution of provocation and nuisance is obviously not in line with legal reasoning! Is it “by” or “network”, is it “the pursuit of justice” or “oppression of the people”, is it “objective facts” or “the truth”? Objective facts” or “invasion of privacy”, whether “serious consequences” or “deterrence of evil”, but the children in general on the website has had But the children’s editorial actions on the website are all counted as “illegal evidence”, and the “number” of “contribution value is used as the basis for prosecution of provocation and nuisance.
Is it a crime to edit the content of a word without a victim? Is it also a crime to change a punctuation mark or a typo? Is it a crime even if there are no serious consequences? Maybe a thousand contribution values are not illegal, maybe one contribution value is a crime, “contribution value” can never be calculated simply by the number of evidence of crime!
The size of the contribution value of a vulgar wiki member is not related to the degree of harm suffered by the victim. The prosecutor should infer whether the vulgar wiki member in this case constitutes the crime of network provocation based on the medical certificate of the victim’s degree of victimization and the proportion of responsibility of the persecutor. This leads to the fact that all the vicious wiki members in this case are not guilty of the crime!
Fourth, the netizens who made this mistake of the vulgar wiki members in this case have never been sentenced! The fact that he was prosecuted for this mistake may be an unprecedented record, and it may also be an unprecedented record! Seriously contrary to the Supreme Court “on the unified application of law to strengthen the guidance of similar case search”!
The case is not a crime at all, compared to similar cases in China, most of the vulgar wiki members in this case. The court of first instance in this case identified the unscreened contribution value as evidence of a crime, a definition standard that is far lower than the standards defined by law enforcement agencies across the country, in serious violation of the Supreme Law: Guidance on Uniform Application of Law to Strengthen Class Case Search!
For example, the case of the flowering girl who threw herself into the river: on December 2, 2013, high school student Kiki (a pseudonym) went shopping at a clothing store. Shortly after, a screenshot of the monitoring during shopping was posted to Weibo by the owner of the clothing store, claiming that the girl in the picture was a thief. On December 3, Kiki jumped into the river and died. Result: The court sentenced the owner of the clothing store to one year in prison for insult.
In the case of the young girl who threw herself into the river, the victim was sentenced to one year in prison for insulting the victim after the “human flesh search” posted on Weibo had caused such a serious consequence. In this case, if the shopkeeper killed the victim for no reason, it is definitely a death sentence! If the shopkeeper was responsible for the death of Kiki due to the disclosure of privacy, the death was also responsible for Kiki’s own poor psychological quality, the family did not timely psychological guidance, so the shopkeeper was sentenced to one year in prison! The owner of the store alone because of the “human flesh search” caused suicide, only sentenced to one year, and the case of the vulgar wiki members, editing the words almost all did not cause significant personal injury, and some of the words on the site is even dozens of people together to complete, should be sentenced to more than one year in prison? Therefore, to provoke and nuisance to sentence all the vicious wiki members of this case, a serious violation of the serious violation of the Supreme Court “on the unified application of law to strengthen the guidance of class case search”!
Fifth, only to the case to the vulgar wiki members sentenced, a serious violation of the principle of criminal law “heavy to clear light, light to clear heavy”!
The verdict in this case says that the vulgar wiki website has 1073 entries, which have been edited 81,426 times, involving 375 victims, and 211 people’s ID information has been exposed, which shows that not every entry has a corresponding victim, and also shows that not every victim has been invaded to privacy, which also deduces that not creating and editing every entry is a criminal act!
After the police arrested the 18 vicious wiki members in this case, no further arrests were made for the hundreds of other vicious wiki members in the same case, and the police around the same Time, only admonished and warned these members!
According to the data given in the verdict, the average number of edits made by the 900 members of the Vulgar Wiki website is nearly one hundred, and the number of edits made by some of the Vulgar Wiki members in this case is much lower than the average number of edits made by the members of the website, and the number of edits made by some members in this case is only a few times, and there are even members in this case who have zero edits! If the police found that “hundreds of uncaught members in the same case did not constitute a crime”, then the court of first instance was wrong to sentence all the vulgar wiki members in this case! If the court of first instance found that “all the vulgar wiki members in this case constitute a crime”, then the task force of this case should catch those hundreds of vulgar wiki members who are more wrong!
The criminal law has the principle of “the heavier to clarify the lighter, the lighter to clarify the heavier”! The same case, must be the same standard of punishment! Compared to the hundreds of vulgar wiki members who were not caught in the same case, the behavior of most of the vulgar wiki members in this case does not constitute a crime!
This so-called “evil power criminal group” case, will probably create five records at the same time: 1, this case may be the only national “evil power criminal group” case that does not pursue economic interests! 3, the number of minors in custody in this case is 9, accounting for nearly 40% of the total number of people in this case, may be the highest proportion of minors in the country’s “criminal group of evil forces” case! 4, the case task force and the prosecutor’s office identified the members of the case “vicious criminal group”, are teenagers in their twenties, may be the lowest average age in the country, the only “vicious criminal group” without members over 30 years old! 5. In this case, the prosecutor’s office found that up to 60% of the members of the “criminal group of evil forces” were undergraduates, which is probably the “criminal group of evil forces” with the highest average Education level in the country! Nowadays, this case has generated hundreds of reports in many overseas media, and there are hundreds of videos about this case on YouTube alone, among which only two media, “Chen Baokong” and “stone”, have more than eighty views on this case. The number of views on this case has exceeded 800,000, and many other videos on YouTube have reached more than 100,000 views, making it one of the most influential political cases. When foreign media reported this case, they mostly reported it as a shocking case of injustice, and mostly compared it to the “top leader’s word incident”, which is true. But it was triggered by those who manipulated the case in order to blacken Xi Jinping.
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