China: For Freedom, Justice And Love My Closing Statement To The Court

by Xu Zhiyong This is Xu Zhiyongs closing statement on January 22, 2014, at the end of his trial. According to his la yer, he had only been able to read !about 10 minutes of it before the "residing #udge sto""ed him, saying it as irrele$ant to the case.%

& January 2', 2014, (ei#ing, )ri *an+a ,uardian- .ou ha$e accused me of disru"ting "ublic order for my efforts to "ush for rights to e/ual access to education, to allo children of migrant or+ers to sit for uni$ersity entrance e0aminations here they reside, and for my calls that officials "ublicly declare their assets. 1hile on the face of it, this a""ears to be an issue of the boundary bet een a citi2ens right to free s"eech and "ublic order, hat this is, in fact, is the issue of hether or not you recogni2e a citi2ens constitutional rights. 3n a still dee"er le$el, this is actually an issue of fears you all carry ithin4 fear of a "ublic trial, fear of a citi2ens freedom to obser$e a trial, fear of my name a""earing online, and fear of the free society nearly u"on us. (y trying to su""ress the 5e 6iti2ens 7o$ement, you are obstructing 6hina on its "ath to becoming a constitutional democracy through "eaceful change. And hile you ha$e not mentioned the 5e 6iti2ens 7o$ement throughout this trial, many of

the documents "resented here relate to it, and in my $ie there is no need to a$oid the issue8 to be able to s"ea+ o"enly of this is "ertinent to the betterment of 6hinese society. 1hat the 5e 6iti2ens 7o$ement ad$ocates is for each and e$ery 6hinese national to act and beha$e as a citi2en, to acce"t our roles as citi2ens and masters of our country9and not to act as feudal sub#ects, remain com"lacent, acce"t mob rule or a "osition as an underclass. To ta+e seriously the rights hich come ith citi2enshi", those ritten into the :ni$ersal ;eclaration of <uman =ights and 6hinas 6onstitution4 to treat these sacred rights9to $ote, to freedom of s"eech and religion9as more than an e$erlasting >3:. And also to ta+e seriously the res"onsibilities that come ith citi2enshi", starting ith the +no ledge that 6hina belongs to each and e$eryone one of us, and to acce"t that it is u" to us to defend and define the boundaries of conscience and #ustice. 1hat the 5e 6iti2ens 7o$ement calls for is ci$ic s"irit that consists of freedom, #ustice, and lo$e4 indi$idual freedom, freedom ithout constraint that brings true ha""iness, ill al ays be the goal of both state and society8 #ustice, that hich defines the limit of indi$idual freedom, is also hat ensures fairness and "reser$es moral conscience8 and lo$e, be it in the form of +indness, tolerance, com"assion or dedication, is our most "recious emotion and the source of our ha""iness. ?reedom, #ustice, and lo$e, these are our core $alues and hat guides us in action. The 5e 6iti2ens 7o$ement ad$ocates a citi2enshi" that begins ith the indi$idual and the "ersonal, through small acts ma+ing concrete changes to "ublic "olicy and the encom"assing system8 through remaining reasonable and constructi$e, "ushing the country along the "ath to democratic rule of la 8 by uniting the 6hinese "eo"le through their common ci$ic identity, "ursuing democratic rule of la and #ustice8 forming a community of citi2ens committed to freedom and democracy8 gro ing into a ci$il society strengthened by healthy rationalism. 6ommon to all those ho identify themsel$es as citi2ens are the shared notions of constitutional democracy, of freedom, of e/uality and #ustice, of lo$e, and faith. (ecause ta+en as a hole, ci$ic grou"s are not the same as an organi2ation as defined in the authoritarian sense, ha$ing neither leader nor hierarchy, orders or obedience, disci"line or "unishment, and in contrast are based fully on the $oluntarily coming together of free citi2ens. >ts through acts of "ushing for system reforms that geogra"hically dis"ersed grou"s of citi2ens are able to gro s"ontaneously into their o n, and by acting to hold authorities accountable and "ushing for "olitical reforms, establishment of democratic rule of la , and ad$ances in society, that ci$il grou"s are able to gro in a healthy ay. @ushing for e/ual access to education, the right for children of migrant or+ers to sit for uni$ersity entrance e0ams here they li$e, and calling on officials to disclose their assets, these are ci$ic acts carried out in "recisely this sense. The "ush for e/ual access to education rights "articularly for children of migrant or+ers as a threeAyearAlong action e initiated in late 200B. @rior to that, e had recei$ed a series of re/uests for hel" from "arents, it as then e reali2ed the se$erity of this social issue. 7ore than 200 million "eo"le across 6hina had relocated to urban areas to li$e and or+ but found themsel$es unable to en#oy e/uality here they li$ed des"ite being ta0"ayers. ?ar more serious as learning that their children ere unable to study or ta+e uni$ersity entrance e0aminations in their ne "laces of residence, lea$ing no choice but to send them thousands of miles a ay bac+ to their "ermanent registered addresses in order to recei$e an education, resulting in millions of 6hinese children being left behind.

1hile many feel concern for the fate of leftAbehind children, rarely do they reali2e the best hel" they can offer is to tear do n the all of household registrationAbased segregation, allo ing the children to return to their "arents. 3ur action consisted of three "hases. The first too+ "lace o$er the first half of 2010, ith "etitions to education authorities in <aidian district and across (ei#ing, through deliberations to allo nonAlocal students to continue their studies in (ei#ing as they entered high school. The second "hase, hich lasted from July 2010 to August 2012, consisted of "etitions to the 7inistry of Cducation to change "olicies to allo nonAlocal children of migrant or+ers to ta+e uni$ersity entrance e0aminations locally. The third "hase too+ "lace bet een )e"tember 2012 until the end of year. >t focused on "ressing the (ei#ing Cducation 6ommission to im"lement ne "olicies issued by the 7inistry of Cducation. To that end, e gathered signatures and e0"anded our $olunteer team of "arents, and on the last Thursday of each month, e a""roached the Cducation authorities to "etition. 1e submitted our recommendations and e consulted e0"erts to research actionable changes to "olicies regarding educational "aths for nonAlocal children of migrant or+ers. 1e rote thousands of letters to 5ational @eo"les 6ongress delegates, ma+ing calls and arranging meetings, urging them to submit "ro"osals during the t o annual "arliamentary sessions. ;uring the T o )essions in 2011, the 7inister of Cducation said in one inter$ie that "olicy changes for nonAlocal children ere then being drafted. ;uring the T o )essions in 2012, the Cducation minister "romised "ublicly at a "ress conference that changes to uni$ersity entrance e0aminations for nonAlocal migrant children ould be released sometime in the first half of the year, and "ro$incial education authorities ould be re/uired to draft im"lementation "lans o$er the second half of 2012. (y June 2', 2012, a scheduled day for "arent $olunteers to continue "etition or+, the 7inistry of Cducation had yet to issue any formal res"onse. @arents decided then and there that they ould return the follo ing Thursday if by the end of the month the 7inistry of Cducation failed to issue the ne "olicy as it had "romised. This led to the July Dth "etitioning. >n August, the 7inistry of Cducation finally released a ne "olicy regarding uni$ersity entrance e0amination eligibility for children of nonAlocal migrant or+ers, along ith an order for local education authorities to draft im"lementation strategies. (y the end of 2012, 2B "ro$inces and cities across 6hina released "lans to im"lement the "olicy e0ce"t for (ei#ing. 3ne "arent #o+ed bitterly that after a threeAyear struggle they had managed to liberate all of 6hina, #ust not themsel$es. > could see the tears behind the #o+e, because it meant that their o n children ould ha$e to lea$e and ta+e u" studies in a strange "lace, in a "ossibly lifeAchanging mo$e. As idealists, e ere able to in a "olicy allo ing children of migrant or+ers to continue their studies and remain ith their "arents, and yet the main im"etus behind this change, the "arents ho li$ed and or+ed in (ei#ing ithout (ei#ing hu+ou, had not been able to secure for their o n children the chance of an e/ual education. > felt > let all of them do n, and many of them gre disheartened. > as com"elled to go out and, standing at sub ay station entrances, hand out fliers calling for one last "etitioning effort on ?ebruary 2', 201E. >n the t o "etitioning e$ents, one on July D, 2012 and the other on ?ebruary 2', 201E, e the citi2ens ent to the education authority, or a go$ernment office, not a "ublic "lace in a legal sense, to ma+e an a""eal. 6hinas 6riminal *a is $ery clear on the definition of "ublic s"aces, and go$ernment buildings, locations of organi2ations and "ublic roads are not among them.

Therefore our acti$ities do not constitute disru"tion of order in a "ublic "lace. 3$er the "ast three years, our acti$ities ha$e remained consistently moderate and reasonable. 6ertain "arents did get emotional or agitated during the July Dth "etition, and the reason as that the 7inistry of Cducation failed to li$e u" to its o n "ubliclyAissued "romise, nor did it "ro$ide any e0"lanation. .et des"ite this, their soAcalled agitation as merely the shouting of a fe slogans, demanding a dialog ith the 7inister of Cducation, rather understandable considering they had gathered 100,000 signatures, behind hich stand the interests of 200 million ne urban immigrants. And the res"onse they gotF Ta+e a loo+ at the "hotos of the scene. 3ne "arent ho goes by the online alias !;ancing% as ta+en a ay by "olice "ulling her hair. 1as there no other ay to escort her a ayF 1as she e0hibiting e0treme beha$iorF <ad she e$er done anything "ro$ocati$e in the "ast three yearsF 5o, ne$erG >t hurts hene$er > thin+ of the e$ent. 1e had "ursued a $ery sim"le goal for three years, our a""roaches had been so reasonable, but e ere assaulted ith such $iciousness. There ere "olice officers ho, ith a "re"ared list of names in hand, sought them out and beat them. >n s"ite of hat ha""ened, > told them, o$er and o$er again, that they must stay calm and that e cant stoo" to their le$el. This society needs a rene ed sense of ho"e, and e cant beha$e li+e them. The right to an e/ual education, the right to ta+e a uni$ersity e0amination here you li$e, these are conce"ts that the 5e 6iti2ens 7o$ement encom"asses. )tarting ith changes to s"ecific "ublic "olicies and concrete system changes, in this case, for the freedom of mo$ement, for #ustice, for lo$e. 1hen 6hina established the household registration system, or hu+ou, in 1BD', it created t o se"arate orlds4 one rural, one urban. >n 1BH1, 6hina established the system of custody and re"atriation. ?rom then on, anyone born in a rural area ho anted to find or+ and try a ne life in the city could be arrested and forcibly returned home at any time. >n (ei#ing in 2002 alone, 220,000 ere detained and re"atriated. >n 200E, the custody and re"atriation system as abolished, but it remained a long road for ne urban arri$als to integrate ith the city. >n 200H, e disco$ered through our research in (ei#ing that there still e0isted as many as 1B discriminatory "olicies against nonAlocal "ermanent residents, the most inhumane of them being the $ery "olicy that "re$ented children from li$ing ith their "arents and recei$ing an education. 1e or+ed tirelessly for three years to in children the right to ta+e the uni$ersity entrance e0amination locally hile li$ing ith their migrated "arents. ;uring the three years, > itnessed e/ual education cam"aign $olunteers bra$e bitter inters and scorching summers at sub ay entrances, on roadsides and in sho""ing malls to collect more than 100,000 signatures ith contact information included. > itnessed se$eral hundred "arents standing in the courtyard outside the *etters and @etition 3ffice of the 7inistry of Cducation and reciting their ;eclaration of C/ual Access to Cducation. > itnessed se$eral hundred "arents and children "lanting trees in Iinglong *a+e @ar+ on the 6lear and (right ;ay &- in 2012. C$eryone ore ca"s bearing the same slogan4 !*i$e in (ei#ing, lo$e (ei#ing.% > also itnessed the ta"ing of a "rogram on @hoeni0 TJ here a little girl sobbed because she could not bear to lea$e her mother and father in (ei#ing here she gre u" to go bac+ to a strange "lace here her hu+ou is to go to school. >n a hutong in ;ianmen & -, >

itnessed Zhang Xudong &-, a to" eighth grader at ,uo2i#ian )econdary )chool, ho as forced to go to a com"letely strange county high school in Zhang#ia+ou after graduating from middle school to continue his education #ust because he did not ha$e (ei#ing hu+ou. A year later, >llAad#usted a year later in language, en$ironment and te0tboo+s, he dro""ed out. <e became ithdra n, not the ha""y boy he once as anymore. <is "arents ha$e or+ed for nearly thirty years in (ei#ing but they are fore$er outsiders and secondAclass citi2ens in this city. 1hen > thin+ of the hundreds of millions of children hose fates ere "ermanently decided by the hu+ou segregation, of generation after generation of 6hinese "eo"le ho ha$e been hurt by this e$il system, of the countless 6hinese ho died in the custody and re"atriation system, today > stand here as a defendant, filled ith no grudges but "ride for ha$ing or+ed to eliminate the segregation system ith 6hinese characteristics and for ha$ing fought for millions of children to be able to li$e ith their "arents and go to school. The calls on officials to "ublicly declare their assets, these are our efforts to "ush the country to establish an antiAcorru"tion mechanism. 7ore than 1EK countries and territories around the orld currently ha$e systems in "lace for officials to declare assets, so hy cant 6hinaF 1hat e0actly is it these !"ublic ser$ants% fear so muchF C0cessi$e greed and undeser$ed ealth do not #ust bring lu0uries, but also a dee"Aseated fear and insecurity, as ell as "ublic anger and enmity. 1hen e go online to collect signatures and distribute "romotional materials, or unfurl banners on the street, all to call on officials to "ublicly declare their assets, e are at the same time e0ercising our ci$ic rights to free s"eech "ro$ided for in the 6onstitution. 3ur actions did not $iolate the rights of any other "erson, nor did they bring harm to society. 1hile the s"eech deli$ered in Xidan has a fe strong ords, as a s"eech about "ublic "olicy, they did not e0ceed the limits of free s"eech "ro$ided for by the 6onstitution and the la . >t is a normal occurrence in a modern, ci$ili2ed society for citi2ens to e0"ress their "olitical $ie s by dis"laying banners, gi$ing s"eeches and ta+ing other actions in "ublic $enues. *a enforcement agencies can be "resent to monitor and ta+e "recautionary measures, but they should not abuse their "o er or interfere. >n fact, hen banners ere dis"layed at the est gate of Tsinghua uni$ersity, Zhongguancun )/uare and other "laces here no "olice officers ere "resent, they caused no disorder, nor did they hinder any other "eo"les rights. They left after dis"laying banners. This conforms to our idea of a !flash action.% >t had ta+en consideration of 6hinas reality and 6hinese societys tolerance ca"acity. 1e too+ /uic+ actions in small grou"s, instead of larger gatherings, to ma+e these "ublic e0"ressions. 3f course e ho"e that the sacred rights enshrined in the 6onstitution ill be reali2ed, but reform re/uires stability and social "rogress re/uires gradual ad$ancement. As res"onsible citi2ens, e must ado"t a gradualist a""roach hen e0ercising our constitutionally guaranteed rights and hen ad$ancing the "rocess to ards democracy and rule of la . 3$er the last ten years, e consistently "ushed for "rogress through "eaceful means, and e tried to effect change in s"ecific "olicies through in$ol$ement in "ublic incidents. 1e did so for the sa+e of freedom, #ustice, lo$e, and for the sa+e of our longAheld dreams. >n 200E, the custody and re"atriation system as abolished but not ithout )un Zhigang "aying the "rice of his life for it. 1e, as legal "rofessionals, made e$ery effort in the "rocess and e recommended, in our role as citi2ens, constitutional re$ie on the custody and re"atriation system.

?or the "ast decade e ha$e continued to stri$e to in e/ual rights for ne migrants in cities, resulting in the introduction in 2012 of a ne "olicy allo ing migrant children to ta+e uni$ersity entrance e0ams here they ha$e relocated ith their "arents. 1e "ro$ided legal assistance to $ictims of gra$e in#ustices, such as the $ictims of melamineA tainted mil+ "o der and the highAs"eed rail accident. >n 200' hen the )anlu mil+ "o der scandal bro+e, e brought together a team of la yers and calculated the number of $ictims based on media re"orts. 1e "ro"osed fair com"ensation schemes in accordance ith the la , hile or+ing ith the $ictims to successfully "ush the issuance of a go$ernmentAled settlement "lan. <o e$er, the go$ernment com"ensation "ac+age as far from from ade/uate for the damages suffered by many children. ?or instance, the cost of an o"eration for one child as nearly 100,000 yuan, and the com"ensation he recei$ed as only E0,000 yuan. )o e continued to see+ redress for the more than 400 children e had re"resented, bringing la suits all the ay to the )u"reme @eo"les 6ourt, to more than a hundred courts across 6hina, and to a court in <ong Long. >n July, 200B, hen > as thro n in #ail for the soAcalled !,ong 7eng ta0 e$asion% and hen "eo"le from all al+s of life made donations to hel" "ay the fine im"osed on ,ong 7eng, our $olunteers in the south ere sending a settlement of one million yuan to the home of a baby $ictim. > am fore$er "roud of that moment, and e ill not gi$e u" our "romise to the disem"o ered e$en hen e oursel$es are in trouble. 1e ha$e s"ent many inters out on the street deli$ering coats, blan+ets and steamed buns to the "oor and homeless "etitioners so that they ould not die of hunger or cold silently in this bustling city. @etitioning is rights defense ith 6hinese characteristics. >n a society li+e ours com"rised of relationshi"s that belie "ri$ilege, corru"tion and in#ustice, to ste" for ard in defence of ones rights and dignity is something only the most stubborn of us dare do. (ut this small minority, hen gathered in the nations ca"ital, number in the tens of thousands. They get dri$en out of (ei#ing, or illegally detained, or beaten. >n (ei#ing alone, there are more than 40 blac+ #ails 9 and e$e $erified the numbers 9 that ha$e been used to illegally detained "eo"le. 1hen e $isited these blac+ #ails and re"orted the crime ta+ing "lace, sho ing the s"ecific la s it $iolated, e ere humiliated and beaten by those guarding them. Time and time again, > feel "roud for sharing a little bit of their suffering. <a$ing chosen to stand alongside the "o erless, e ha$e itnessed far too much in#ustice, suffering and misfortune o$er the "ast decade. <o e$er, e still embrace the light in our hearts and "ush for the countrys "rogress in rational and constructi$e ays. After "ro"osing re$ie on the unconstitutionality of the custody and re"atriation system, e researched and drafted ne measures to better manage beggars and the homeless. 1e "ushed the educational e/uality cam"aign. 1e drafted a "ro"osal for migrant or+ers children to ta+e college entrance e0ams locally and our draft as ado"ted by most "ro$inces and cities. ?or our call for disclosure of officials assets, e e$en drafted a !)unlight (ill% in 7arch 201E. =aising an issue is not enough8 solutions must be found. To o""ose is to construct, for e are citi2ens of a ne era, e are citi2ens res"onsible to our country, and e lo$e 6hina. :nfortunately, you regard the e0istence and gro th of these citi2ens as heresy and something to fear. .ou say e harbored "olitical "ur"oses. 1ell e do, and our "olitical "ur"ose is $ery clear, and it is a 6hina ith democracy, rule of la , freedom, #ustice and lo$e. 1hat e ant is not to fight to gain "o er, or barbaric "olitics by any means8 but good

"olitics, a good cause for "ublic elfare, a cause for all citi2ens to go$ern the country together. 3ur mission is not to gain "o er but to restrict "o er. 1e aim to establish a modern and ci$ili2ed system of democracy and rule of la and lay a foundation for a noble tradition of "olitics so that later generations can en#oy fairness, #ustice, freedom and ha""iness. ,ood "olitics is a result of true democracy and rule of la . 3n e$ery le$el, the go$ernment and the legislature must be elected by the "eo"le. The "o er to go$ern should not come from the barrel of a gun but through $otes. :nder true democracy and rule of la , "olitics should be carried out ithin the the rule of la . @olitical "arties should com"ete fairly and only those that in in free and fair elections are /ualified to go$ern. :nder true democracy and rule of la , state "o ers are scientifically se"arated and mutually sub#ect to chec+s and balances8 the #udiciary is inde"endent and #udges abide by the la and conscience. :nder true democracy and rule of la , the military and the "olice are state organs and should not become the "ri$ate "ro"erty of any "olitical "arty or $ested interest grou". :nder true democracy and rule of la , the media is a social organ and should not be mono"oli2ed to be the mouth"iece of any "olitical "arty or $ested interested grou". :nder true democracy and rule of la , the constitution sti"ulates and actuali2es sacred ci$il rights, including the right to $ote, freedom of s"eech and freedom of belief. The "romise of "eo"les "o er should not be a lie. These modern democratic $alues and measurements are rooted in common humanity. They should not be Castern or 1estern, socialist or ca"italist, but uni$ersal to all human societies. ;emocracy is the +no ledge to sol$e human "roblems. 3ur ancestors did not disco$er this +no ledge. 1e should thus be humble and learn from others. 3$er the "ast thirty years, 6hina introduced the system of mar+et economy ith free com"etition hich brought economic "ros"erity. )imilarly, 6hina needs to introduce a democratic and constitutional system to sol$e the in#ustices of our current society. The social in#ustice is intensifying in 6hina. The greatest social in#ustice concerns "olitical rights, hich lie at the heart of other forms of in#ustice. The root of many serious social "roblems can be traced to the mono"oly of all "olitical "o ers and economic lifelines by a "ri$ileged interest grou", and 6hinas fundamental "roblem is the "roblem of democratic constitutionalism. AntiAcorru"tion cam"aigns are aged year after year, but corru"tion has become more and more ram"ant o$er the course of the last si0ty some years. 1ithout democratic elections, "ress freedom and #udicial inde"endence, a clean go$ernment is not "ossible under a regime of absolute "o er. The @eo"les li$elihood is em"hasi2ed year after year, yet hundreds of million of "eo"le still li$e belo the internationally defined "o$erty line. >n remote and mountainous areas, corru"t officials e$en embe22le the subsistence allo ances of only 100 yuan a month for the e0tremely "oor. The ealth ga" bet een the elites and the general "ublic is e$erA idening. <ostility to ards go$ernment officials and the ealthy is, in essence, hostility to ards "o er mono"oly that "erches high abo$e. Tens of thousands of families toil and orry about their childrens basic education, loo+ing for connections to "ay bribes #ust for +indergarten enrollment. <o has the society become so rottenF <umans are "olitical animals, in need of more than a full stomach and arm clothes. <umans

also need freedom, #ustice, and "artici"ation in go$ernance of their o n country. .ou say the 5ational @eo"les 6ongress is 6hinas highest body of "o er, then again you say this highest body of "o er ans ers to the @arty. >f the countrys basic "olitical system is such an o"en lie, ho is it "ossible to build a society that $alues trustF .ou say the #udiciary is #ust and that courts hold o"en trials, then you arrange for unrelated "eo"le to come occu"y seats reser$ed for obser$ers in the courtroom. >f e$en the courts resort to such unscru"ulousness, here can "eo"le e0"ect to find #usticeF >t should sur"rise no one that "eo"le ear fro2en mas+s in their dealings ith one another, and that hether to hel" a fallen elderly "erson can become a lasting debate. There is to0ic baby formula, +ilns using child sla$es, and e$ery sort of social ill imaginable, yet the "er"etrators ha$ent had the slightest bit of guilt or shame, and they thin+ this is #ust ho society is. 6hinas biggest "roblem is falsehood, and the biggest falsehood is the countrys "olitical system and its "olitical ideology. Are you able to e$en to e0"lain clearly hat socialism entailsF >s or is not the 5ational @eo"les 6ongress the highest authorityF @olitical lies +no no bounds in this country, and 1.E billion "eo"le suffer dee"ly from it as a result. )us"icion, disa""ointment, confusion, anger, hel"lessness, and resentment are norms of life. Truly, "olitics affects each and e$ery one of us intimately. 1e cannot esca"e "olitics, e can only or+ to change it. @o er must be caged by the system, and the authoritarian to"Ado n "olitics must change. > sincerely ho"e that those in "o er ill find a ay to integrate ith the trends of human ci$ili2ation, and ta+e an acti$e role in "ushing for "olitical reforms and ado"t the ci$ili2ed "olitics of a constitutional democracy, therein reali2ing the hundredAyearAold 6hinese dream of em"o ering the "eo"le through "eaceful reforms. 7ore than a century ago, 6hina missed an o""ortunity to turn into a constitutional democracy through "eaceful transition, sending the 6hinese nation into a "rotracted struggle mar+ed by re$olution, turmoil, and suffering. The =e"ublic of 6hina, ith its ho"es for a mar+et economy and democratic system, didnt last long before totalitarian "olitics ere re$i$ed and reached e0tremes during the 6ultural =e$olution. ?ollo ing the 6ultural =e$olution, 6hinas economic reforms led to a model of incremental reforms in hich social controls ere rela0ed but the old system and its interests remained untouched, although ne s"aces created by the mar+et slo ly eroded the old system as reforms ere laid out. @olitical reforms in 6hina could rely on a similar model, one in hich the old system and its interests stay in "lace as social controls are rela0ed and democratic s"aces outside the system are "ermitted to gro in a healthy direction. A model such as this ould actually "ro$e a $aluable "ath for 6hina to follo . 1e ha$e built a community of citi2ens and rationally, remaining res"onsible to the country, ta+en the first small ste". .ou need not fear the 5e 6iti2ens 7o$ement, e are a ne era of citi2ens, com"letely free of the earmar+s of authoritarian ideology such as courting enemies, scheming for "o er, or harboring thoughts to o$erthro or stri+e do n. 3ur faith is in freedom, #ustice, and lo$e, of "ushing to ad$ance society through "eaceful reforms and healthy gro th in the light of day9 not acts of cons"iracy, $iolence or other barbaric models. The mission of ci$il grou"s is not to e0ist as an o""osition "arty, although the creation of a constitutional democracy is ine$itable for a future 6hina built on ci$ili2ed "olitics. 3ur mission is shared by all "rogressi$es in 6hina, to or+ together to see 6hina through the transition to

ci$ili2ed "olitics. The 5e 6iti2ens 7o$ement is a mo$ement of "olitical transformation leading to democratic rule of la , as ell as a cultural mo$ement for the rene al of "olitical and cultural traditions. A constitutional democracy needs a fertile bed of ci$ili2ed "olitics in order to function, and its our collecti$e antici"ation and faith hich ser$es as such a soil bed. At the same time our countrys citi2ens see+ faith in healthy "olitics, unscru"ulous and barbaric "olitics must also be fore$er cast out from the dee" recesses of each and e$ery soul. This calls for a grou" of u"standing citi2ens to bra$ely ta+e on such a res"onsibility, sacrificing ego to become model citi2ens. Cach and e$ery 6hinese "erson shares this res"onsibility. This is my res"onsibility. <a$ing been born on this land, > need no reason to lo$e this country8 its because > lo$e 6hina that > ant her to be better. > choose to be a "eaceful reformer, carrying on ith the centuryAold but unfinished mission of our forebears, ad$ocating an un a$ering commitment to nonA$iolence #ust as > ad$ocate freedom, #ustice, and lo$e, and ad$ocate "eaceful reform as the "ath to ard constitutional democracy. Although > "ossess the means to li$e a su"erior life ithin this system, > feel ashamed of "ri$ilege in any form. > choose to stand ith the ea+ and those de"ri$ed of their rights, sharing ith them the bitter cold of a (ei#ing inter the ay it feels from the street or an underground tunnel, shouldering together the barbaric $iolence of the blac+ #ail. ,od created both the "oor and the ealthy, but +ee"s them a"art not so e can re#ect or des"ise one another, but in order for mutual lo$e to e0ist, and it as my honor to ha$e the chance to al+ alongside "etitioners on their long road to #ustice. 7y decision comes at a time hen my child has #ust been born, hen my family needs me most, and hen > yearn to be there by their side. After years no of itnessing the bitter struggles of the innocent and do ntrodden, > remain unable to control my o n sorro 9or, try as > might, to remain silent. > no finally acce"t #udgment and "urgatory as my fate, because for freedom, #ustice, and lo$e, the ha""iness of "eo"le e$ery here, for the glory of the *ord, all this "ain, > am illing. This is our res"onsibility as a citi2en grou". >n a ser$ile society "rone idely to submission, there ill al ays need to be someone to be the first to stand u", to face the ris+s and "ay the "rice for social "rogress. 1e are those 6hinese "eo"le ready no to stand, ith utmost concern for the future and destiny of the motherland, for democratic rule of la , #ustice, and for the dignity and ellAbeing of the ea+ and marginali2ed. 1e are +ind and "ure of heart, loathe to cons"ire and decei$e, and e yearn for freedom and a sim"ler, ha""ier life. 1e stri$e to ser$e society, and hel" those most in need, "ushing for better society. (ra$ely, e assume this res"onsibility, ready to forgo our "ri$ilege and secular interests9e$en at the cost of our freedom9to stay true to our ideals. =eady to "ut aside our egos ith no thought of "ersonal gain or loss, e res"ect the rights and boundaries of others, facing all beings ith humility. )uch is the res"onsibility no u"on you #udges and "rosecutors. .our res"onsibility is fidelity to the la and your conscience, to u"hold the baseline of social #ustice, to neither be reduced to a lo ly cog in this bureaucratic system nor debase the sanctity of rule of la . ;o not say youre constrained by the bigger "icture, because the bigger "icture in 6hina is not an order from abo$e, but the letter of the la . ;o not say you merely follo the logic of la s as you sentence me, and do not forget those sacred rights afforded all by la . ;o not say this is

#ust your #ob, or that youre innocent, because each and e$ery one of us is ultimately res"onsible for our o n actions and e must at all times remain faithful to our o n conscience. As a society ith a history of rule by man that stretches bac+ centuries, the la in 6hina ser$es a $ery distinct "ur"ose. =egardless of acting as a defendant, a #uror, or a legal scholar, > ha$e al ays remained true to the idea of #ustice and > behoo$e you to do the same. >t has al ays been my ho"e 6hinas legal community ill undergo an a a+ening of conscience, that you #udges can gain the same amount of res"ect afforded your counter"arts o$erseas, and it is my ho"e an a a+ening of conscience ill begin ith you. Those of you atching this trial from behind the scenes, or those a aiting for orders and re"orts bac+, this is also your res"onsibility. ;ont ta+e "ains to "reser$e the old system sim"ly because you ha$e $ested interests in it8 no one is safe under an un#ust system. 1hen you see "olitics as endless shado s and reflections of daggers and s ords, as blood falling li+e rain ith its smell in the ind, you ha$e too much fear in your hearts. )o > ha$e to tell you the times ha$e changed, that a ne era of "olitics is afoot in hich the greatest strength in society is not $iolence but lo$e. ?ear not democracy or loss of "ri$ilege, and fear not o"en com"etition nor the free society no ta+ing sha"e. .ou may find my ideas too farAout, too unrealistic, but > belie$e in the "o er of faith, and in the "o er of the truth, com"assion and beauty that e0ists in the de"ths of the human soul, #ust as > belie$e human ci$ili2ation is ad$ancing mightily li+e a tide. This is the shared res"onsibility of us 1.E billion 6hinese. ;ynasties, li+es "olitical "arties, all "ass ith time, but 6hina ill al ays be 6hina #ust as e are all 6hinese. >ts our res"onsibility to build a bright future for the country. 3ur 6hina is destined to become the greatest country in the orld, "ossessing the most ad$anced technology, the most "ros"erous economy, the greatest ability to defend e/uality and #ustice throughout the orld, and the most magnificent culture to s"earhead human ci$ili2ation. (ut thats a 6hina that cannot e0ist under authoritarian rule. 3urs is a 6hina that ill only e0ist once constitutional democracy is reali2ed, a 6hina that is democratic, free and go$erned through rule of la . Allo us to thin+ together hat e can do for for our country, because only then can e create a bright future. This country lac+s freedom, but freedom re/uires each of us to fight for it8 this society lac+s #ustice, hich re/uires each of us to defend it8 this society lac+s lo$e, and its u" to each and e$ery one of us to light that fire ith our truth. Allo us to ta+e our citi2enshi" seriously, to ta+e our ci$il rights seriously, to ta+e our res"onsibilities as citi2ens seriously, and to ta+e our dreams of a ci$il society seriously8 let us together defend the baseline of #ustice and our conscience, and refuse ithout e0ce"tion all orders to do e$il from abo$e, and refuse to sho$e the "erson in front of you #ust because you ere sho$ed from behind. The baseline lies beneath your feet #ust as it lies beneath all our feet. Together, lets use lo$e to re a+e our dormant conscience, brea+ do n those barriers bet een our hearts, and ith our lo$e establish a tradition for the 6hinese "eo"le of noble and ci$ili2ed "olitics. <ere in absurd "ostAtotalitarian 6hina > stand trial, charged ith three crimes4 "romoting e/ual education rights for children of migrant or+ers, calling on officials to "ublicly disclose their assets, and ad$ocating that all "eo"le beha$e as citi2ens ith "ride and conscience. >f the countrys rulers ha$e any intention to ta+e citi2ens constitutional rights seriously, then of course e are innocent. 1e had no intention to disru"t "ublic order8 our intention as to "romote democracy and rule of la in 6hina. 1e did nothing to disru"t "ublic order, e ere

merely e0ercising our freedom of e0"ression as "ro$ided for by the constitution. @ublic order as not disru"ted as a result of our actions, hich infringed on the legitimate rights of no one. > understand clearly that some "eo"le ha$e to ma+e sacrifices, and > for one am illing to "ay any and all "rice for my belief in freedom, #ustice, lo$e, and for a better future of 6hina. >f you insist on "ersecuting the conscience of a "eo"le, > o"enly acce"t that destiny and the glory that accom"anies it. (ut do not for a second thin+ you can terminate the 5e 6iti2ens 7o$ement by thro ing me in #ail. 3urs is an era in hich modern ci$ili2ation "re$ails, and in hich gro ing numbers of 6hinese ine$itably ta+e their citi2enshi" and ci$ic res"onsibilities seriously. The day ill come hen the 1.E billion 6hinese ill stand u" from their submissi$e state and gro to be "roud and res"onsible citi2ens. 6hina ill become a country that en#oys a ci$ili2ed "olitical system and a ha""y society in hich freedom, #ustice, and lo$e "re$ail. The disem"o ered ill be redeemed, as ill you, you ho sit high abo$e ith fear and shado s in your hearts. 6hina today still u"holds the banner of reform, something > sincerely ish ill be carried out smoothly allo ing the beautiful dream of 6hina to come true. (ut reform must ha$e a clearly defined direction, and it is irres"onsible to continue !feeling the stones to cross the ri$er,% #ust as its irres"onsible to treat the sym"toms but not the roots of social ills, and irres"onsible to sideste" the fundamental "olitical system in designing the country. 3ne hundred years on, here 6hina ants to go is still the most crucial /uestion the 6hinese nation faces. As interest grou"s consolidate, the economy slo s do n, and accumulated social in#ustice leads to concentrated outbursts, 6hina has once again arri$ed at an historical crossroad. =eforms ill succeed if the goal remains to reali2e democracy and constitutionalism as in line ith the course of history, and ithout /uestion ill fail if the aim is to maintain oneA "arty rule in contra$ention of history. Absent a clear direction to ard democracy and constitutionalism, e$en if reforms dee"en as "romised the most li+ely result ill be to re"eat the mista+es made during the late Iing ;ynasty, "ic+ing and choosing 1estern "ractices but not fi0ing the system. To a large e0tent, hat e see ha""ening around us today is reAenactment of the tragedy of the late Iing reforms, and for that reason > am dee"ly concerned about the future of the 6hinese nation. 1hen ho"es of reform are dashed, "eo"le ill rise u" and see+ re$olution. The "ri$ileged and "o erful ha$e long transferred their children and ealth o$erseas8 they couldnt care less of the misfortune and suffering of the disem"o ered, nor do they care about 6hinas future. (ut e do. )omeone has to care. @eaceful transition to democracy and constitutionalism is the only "ath the 6hinese nation has to a beautiful future. 1e lost this o""ortunity a hundred years ago, and e cant afford to miss it again today. 1e, the 6hinese "eo"le, must decide the future direction for 6hina. 7y fello com"atriots, at any time and regardless of hat ha""ens in 6hina, > urge e$eryone to maintain their faith in freedom, #ustice, and lo$e. :"hold freedom of religion, stay rooted in reality, and "ursue those uni$ersal rights and freedoms hich ere "ursued and fought for and "aid for in blood this "ast century by those also ith lofty ideals. =emain steadfast in your faith in #ustice, al ays stay true to your heart, ne$er com"romise your "rinci"les in the "ursuit of your goals. @ursue a rounded and #ust democratic society go$erned through rule of la , here all fulfill their duties and are "ro$ided for, here the strong are constrained and the ea+ are "rotected, a society built on the cornerstone of moral conscience.

Adhere to faith in lo$e, because this nation has too many dar+, bitter, and "oisoned souls in need of redem"tion, because there e0ists too much $igilance, fear, and hostility bet een "eo"le. These e$il s"irits, buried in the de"ths of the soul, must be cast out. >t is not through hatred that e rid oursel$es of them, but through sal$ation. 1e are the =edeemer. ?reedom, #ustice and lo$e, these are the s"irit of our 5e 6iti2ens 7o$ement, and must become a core $alue for the 6hinese "eo"le9for hich it is u" to our generation to fight, sacrifice and assume res"onsibility. 3ur faith in the idea of building a better 6hina, one of democracy, rule of la , freedom, #ustice, and lo$e, is un a$ering. As long as e continue to belie$e in lo$e and the "o er of ho"e for a better future, in the desire for goodness dee" inside e$ery human soul, e ill be able to ma+e that in hich e ha$e faith a reality. 6iti2ens, let us begin no . >t does not matter here you are, hat #obs you ha$e, hether you are "oor or rich8 let us say in our hearts, in our e$eryday li$es, on the internet, on e$ery inch of 6hinese land, say ith con$iction and "ride that hat already belongs to us4 > am a citi2en, e are citi2ens. 6iti2en Xu Zhiyong January 22, 2014