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To Build a Free China
To Build a
Free China
A Citizen’s Journey

Xu Zhiyong
Translated by
Joshua Rosenzweig and Yaxue Cao
with an introduction by
Andrew Nathan

b o u l d e r
l o n d o n
Published in the United States of America in 2017 by
Lynne Rienner Publishers, Inc.
1800 30th Street, Boulder, Colorado 80301
www.rienner.com

and in the United Kingdom by

Lynne Rienner Publishers, Inc.
3 Henrietta Street, Covent Garden, London WC2E 8LU

© 2017 by Lynne Rienner Publishers, Inc. All rights reserved

Library of Congress Cataloging-in-Publication Data

Names: Xu, Zhiyong, 1973– author.
Title: To build a free China : a citizen's journey / by Xu Zhiyong ;
translated by Joshua Rosenzweig and Yaxue Cao ; with an introduction by
Andrew Nathan.
Other titles: Tang tang zheng zheng zuo gong min. English
Description: Boulder, Colorado : Lynne Rienner Publishers, Inc., 2017. |
Translation of: Tang tang zheng zheng zuo gong min. | Includes index.
Identifiers: LCCN 2016028547 | ISBN 9781626375840 (hardcover : alk. paper)
Subjects: LCSH: China—Politics and government—2002– | Citizenship—China.
Classification: LCC JQ1510 .X83713 2017 | DDC 322.4/40951—dc23 LC record
available at https://lccn.loc.gov/2016028547

British Cataloguing in Publication Data

A Cataloguing in Publication record for this book
is available from the British Library.

Printed and bound in the United States of America

The paper used in this publication meets the requirements

of the American National Standard for Permanence of
Paper for Printed Library Materials Z39.48-1992.

5 4 3 2 1
 Contents

Introduction, Andrew J. Nathan vii

Preface: Being a True Citizen 1

1 One Life for One Dream 5
2 Village Travels: My Days at the Rural Edition
of China Reform 27
3 The Death of Sun Zhigang and the
Citizen Recommendation to Appeal
“Custody and Repatriation” 33
4 The “Illegal” Life of a Private Enterprise:
Defending Sun Dawu 49
5 Be True to the Law: Campaigning for a Seat as a
People’s Congress Delegate 71
6 On Behalf of Free Expression:
The Southern Metropolis Daily Case 87
7 We’re in This Together: Life in “Petitioner Village” 101
8 The Citizens’ Alliance, or Gongmeng 115
9 Returning to China 133
10 What’s Your Motive? 143
11 The Prayers of Poshang Village: For Cai Zhuohua
and the House Churches of China 147

v
vi Contents

12 Experience and Reflection: The Gongmeng Tax Case 153

13 In This World 165
14 Practice Love on the Road to Justice 173
15 The Critic: For My Brother, Teng Biao 181
16 Cherish Your Ballots! 187
17 Our 2011 195
18 The Idealists 203
19 China’s New Citizen Movement: A Manifesto 211
20 I Am a Free Citizen 219
21 Hearts Filled with Justice 225
22 Ngaba 231
23 The New Citizen Movement in 2012 237
24 The Last Ten Years 243
25 China’s Path 253
26 Love Along China’s Borders 259
27 For Freedom, Justice, and Love:
My Closing Statement to the Court 267

Index 283
About the Book 297
 Introduction
Andrew J. Nathan

How to change China? In 1978, a dissident named Wei Jingsheng used

his eloquent writing brush to produce a wall poster demanding “Democ-
racy—the Fifth Modernization.” He was sent to prison and later into
exile in the United States. In 1989, the leader of the Communist Party,
Zhao Ziyang, advocated dialogue with students who were demonstrat-
ing for more democracy. He was purged and placed under house arrest
for the rest of his life. In 2008, the writer Liu Xiaobo led hundreds of
intellectuals to call for the Chinese regime to obey the letter of its own
constitution. For leading this “Charter ’08” movement Liu was sen-
tenced to eleven years in prison, which he continues to serve despite his
receipt of a Nobel Peace Prize.
Xu Zhiyong—whose memoir this brief essay introduces—tried an
approach perhaps more creative than any of the others. His career has
hinged on the simple yet weighty concept of the “citizen.” Chapter II of
the Constitution of the People’s Republic of China is entitled “The Fun-
damental Rights and Duties of Citizens.” Twenty-three articles long, it
lays out extensive rights—to vote, to speak, to criticize government, to
enjoy dignity of the person—and duties for all who hold Chinese
nationality.
Xu Zhiyong’s bold idea was to take these rights and duties seri-
ously. As he puts it (see page 212):

At the core of the New Citizen Movement is the idea of “citizenship.”

This is a concept that applies to individuals, politics, and society alike.
Citizens are not subjects; they are independent and free individuals
who comply with a legal order that is mutually agreed upon and are

vii
viii Introduction

not required to kneel in submission to anyone. Citizens are not “com-

moners”; they are the owners of the state and those who govern must
get their power through elections involving the entire community of
citizens and say goodbye forever to the barbaric logic of “political
power grows out of the barrel of a gun.”

This idea has a distinguished lineage in China. A prominent

reformer of the late Qing period named Liang Qichao had promoted the
idea of active citizenship as an alternative to dynastic rule in a journal
called The New Citizen, published from 1902 to 1907. But Liang even-
tually decided that the Chinese people were too disorganized and uned-
ucated to perform as citizens until after a period of benevolent dictator-
ship. Sun Yat-sen—the “father of the revolution” that overthrew the
Qing dynasty in 1911—promoted the phrase “All under Heaven
Belongs to the Citizenry” (tianxia weigong). Xu Zhiyong would later
use Sun’s calligraphic rendition of the word “citizen” (gongmin) as a
logo for his New Citizen Movement. But Sun, too, believed that the
Chinese people would have to undergo a period of “tutelage” before
they would be ready to perform their roles as responsible citizens.
Xu Zhiyong, by contrast, put full faith in the ability of his fellow
Chinese to make the Constitution real by living it. As he says in his
memoir (see page 268):

The New Citizen Movement advocates a citizenship that begins with

the individual and the personal, through small acts making concrete
changes to public policy and the encompassing system; through
remaining reasonable and constructive, pushing the country along the
path to democratic rule of law; by uniting the Chinese people through
their common civic identity; pursuing democratic rule of law and jus-
tice; forming a community of citizens committed to freedom and
democracy; growing into a civil society strengthened by healthy
rationalism.

Xu came to this idea in the course of his struggles for justice as a

law student and later a teacher of law. He first emerged in the public eye
with his effort to get the government to abolish the system of “custody
and repatriation,” a network of abusive labor camps where local police
locked up anybody who didn’t have the proper papers. A college gradu-
ate named Sun Zhigang had been beaten to death in one of these camps.
Xu and two friends, Yu Jiang and Teng Biao, built on the public outrage
that this incident created to pressure the government to abolish the
 Introduction ix

camps. To their surprise, as he recounts in the memoir, the effort suc-

ceeded. Yet, success was incomplete, because the household registration
system that deprives Chinese citizens of the right to live wherever they
want remains in place, and fresh facilities have sprung up where the
police detain vagrants, migrants, and others deemed undesirable.
Xu pushed ahead with a series of complicated cases recounted in
the memoir—among others, those of Sun Dawu, a local entrepreneur
unfairly charged with business malpractices; the Southern Metropolis
Daily, a boundary-pushing newspaper that offended the provincial party
secretary and saw its top officials charged with economic crimes; “black
jails,” extra-legal detention facilities where petitioners seeking justice in
Beijing were locked up; and Chen Guangcheng, the blind village legal
advocate subjected to house arrest. Xu and his colleagues also pushed
for a law to require government officials to reveal their financial assets,
and for access to Beijing public schools for the children of migrant
workers.
Xu describes himself as an “idealist.” Even he has a hard time
explaining why he chose to be one of the few Chinese who lifted his
gaze from the ordinary business of life to see the horizon of social
change (see pages 143–144):

“What are you trying to get out of it, by helping them?” asked the
party secretary, relaying the question he’d been given by others. “Do
you really have no other motives? Why don’t you sit back, write some
academic articles, try to get a professorship or snag an official posi-
tion where you can make some real money? . . . “What’s my motive?”
I often posed this question to myself as well. Even though this was an
abnormal question premised on scary logic, it was still necessary for
me to think the question over seriously and try to answer it. The only
selfish motivation I could think of was that I did these things for my
own well-being and happiness. . . . Helping others allows me to have a
sense of well-being.

But Xu was also highly practical, developing the nearest thing

China has seen to a strategy of impact litigation. In the Sun Zhigang
case, for example, he not only sought posthumous justice for the victim,
but tried to blow life into the constitutional power of the National Peo-
ple’s Congress Standing Committee to exercise a function akin to con-
stitutional review. In the Sun Dawu case, the goal was not only to help
a specific businessman, but to crack the virtual boycott state banks
place on lending to private enterprises.
x Introduction

Xu’s strategy involved selecting cases of egregious injustice that

had broader policy implications, using social media to foster attention to
the problem, cultivating print media coverage, generating petitions, con-
vening academic and think-tank conferences on the larger issues, and
proposing a resolution too moderate for the authorities to refuse. The
approach was a combination of legal argument and public relations. As
he puts it (see page 95), “there have been those who have criticized us,
saying that we used public opinion to interfere with judicial independ-
ence. The fact is, however, that we have never tried to use the media to
interfere with the judicial process. Our aim was to interfere with those
forces outside the law that themselves interfere with the judicial
process.”
The “forces outside the law” that Xu refers to—local cadres with
economic interests in the status quo, security officials trying to keep the
lid on any challenge no matter how justified, and more powerful dark
forces that Xu chooses not to specify—naturally pushed back. They
could do so politely: for example, arranging a crowded itinerary for
Xu’s student investigators so that they had no time to investigate the
local details of the Sun Dawu case. Or they could use force; indeed,
Xu’s tactics involved sometimes courting physical confrontations, such
as when he intruded into venues protected by China’s omnipresent
plainclothes thugs and took beatings without fighting back. In one
example that he recounts (see page 110), “I refused to leave. A tall guy
next to Director Liu began shoving me, mixing in some punches and
smacks to my head for good measure. He pushed me all the way over to
the gate of the nearby Number 62 Middle School, his fists never leaving
my cheeks.”
In both his failures and his successes, Xu compiled an archive of
the remarkable ways things work in China. In his battle against the
“black jails,” for example, he discovered the existence of a division of
labor whereby “retrievers” (thugs) from one province beat petitioners
from another province in exchange for retrievers from the second
province beating petitioners from the first province, so that the petition-
ers could not complain that they had been mistreated by officials from
their own province. He also uncovered the collusion of the Beijing
police with the black jail system when he and his colleagues stood out-
side one black jail for a whole day, “continuously call[ing] the 110
police hotline and wait[ing] for police to rescue the petitioners being
held in that black jail,” and no one came (see page 129).
On the other hand, good things could sometimes happen in surpris-
ing ways. After generating a great deal of publicity over the unfair pros-
 Introduction xi

ecution of the Southern Metropolis News officials, Xu was rewarded by

the intervention of two former Guangdong party secretaries, who wrote
to the current provincial boss—the same man behind the attacks on the
newspaper—using roundabout language to urge him to treat the case
with care lest he offend public opinion. As a result, the sentence of one
of Xu’s clients was reduced and a second client was released without
indictment.
Xu’s idea of changing China by practicing citizenship took shape
around the time he ran for a seat in the local People’s Congress in
2003. Looking past the reality that the elections are pervasively
manipulated by the Communist Party, Xu decided to practice as-if pol-
itics, treating the election process as if it were real. “What’s most
important,” he tells his supporters (see page 84), “is to take part. I
hope that my participation will tell everyone: Believe in our laws,
believe in the progress of this era. Please believe that we have a gen-
uine right to vote.” Surprisingly, he did win a seat, with the broad sup-
port of faculty and students at the university where he taught. The
story ends there, however, because—as Xu’s Chinese readers would
have known—People’s Congress delegates have no power and nothing
substantial to do.
Also in 2003, Xu formed The Citizens’ Alliance, aka Gongmeng,
aka the Open Constitutional Initiative (OCI)—the organization that
eventually morphed into the New Citizen Movement and took Sun Yat-
sen’s calligraphic word “citizen” as its logo. As Xu writes in the pref-
ace to his memoir (see page 1), “The most ideal reform model for
China is to develop constructive political opposition groups outside the
existing political system that can negotiate with progressive forces
within the system to enact a new constitution and, together, complete a
transition to constitutional democracy.” The members of this group—it
was not really an organization—sought to change China by running for
the only office available, that of local People’s Congress delegate;
holding meetings on public policy; writing letters on policy issues to
the National People’s Congress; seeking to rescue victims from black
jails; agitating for change in the Beijing dog ownership regulations;
pushing for equal educational access for the children of migrant work-
ers; and so on.
It is always hard to assess the causal effects of human rights work,
and this is true of Xu’s work as well, because of the black box nature of
Chinese governance. But by all appearances Xu’s work was influential
at first. This, however, was a relatively open time. As Xu recalls (see
page 116):
xii Introduction

There was a sort of inherent logic to OCI’s beginning in 2003. That

year, more than 100 media outlets throughout the country launched or
expanded their opinion pages. One of the most popular television
series was “For the Sake of the Republic,” a historical depiction of
the last years of the Qing dynasty and the origins of the 1911 revolu-
tion. The devastating effects of the SARS outbreak in Beijing led to
cracks in decades of habitual information control. That year, the
media, legal scholars, and the public coalesced around the Sun Zhi-
gang case to launch a new wave of protecting constitutional rights. A
group of legal professionals looking to defend citizen rights appeared
on the public stage. The citizens’ rights–defense movement was an
inevitable result of our society’s having reached a certain stage in its
economic development.

Even so, OCI confronted constant harassment in the form of dereg-

istration, tax investigations, and mysterious shutdowns of its website.
Xu received a series of warnings (see page 131):

The “stability preservation” authorities began putting even greater

pressure on Gongmeng beginning in March 2012. Once more, we were
forced to lose our office. The authorities had chats with each of our
employees, demanding that they quit working for Gongmeng. One of
our volunteers, Song Ze, who had been responsible for investigating
black jails and rescuing petitioners, was placed under criminal deten-
tion on May 5 for “picking quarrels and creating a disturbance.”

On July 16, 2013, Xu was arrested, charged with “gathering a

crowd to disrupt order in a public place.” Six months later he was sen-
tenced to four years in prison, a sentence he is serving at this writing.
His memoir was completed before his arrest—except for the last item,
his eloquent “Closing Statement to the Court.”
The Chinese government could not abide a citizen. Throughout this
memoir, Xu expresses his patriotism, his respect for the authorities, and
his belief in gradualism. “Deep down,” he says (see page 76), “I was a
nationalist myself. You could say that, deep in my heart, I had a strong
China fixation. I longed for our country to be fair and just and for our
people to be free and happy.” If a person this loyal and moderate cannot
perform his role as a citizen, who can? As Xu warned the court (see
page 267), “By trying to suppress the New Citizens Movement, you are
obstructing China on its path to becoming a constitutional democracy
through peaceful change.”
 Introduction xiii

Despite repression, China is still rife with activists. Just before his
arrest, Xu warned what must happen if the regime would not tolerate
pressure for change (see page 254):

Revolution will erupt in the blink of an eye and will be unpredictable

and difficult to defend against. No matter how imposing the “stability
maintenance” system might be, in a society with a huge gap between
rich and poor, intensifying conflict between the people and the govern-
ment, and a cruel and arrogant bureaucracy, the fuse of revolution can
be lit at any moment.

We have no way of knowing what Xu is thinking as he endures four

years in jail. But among China’s options for the future, surely his vision
remains the best (see page 255):

In order to get democracy running well in the shortest amount of time

possible, China must have a relatively mature constructive political
opposition. If such a force exists, then China’s political transition will
be a peaceful one no matter how the authoritarian system departs the
stage of history.
 Preface:
Being a True Citizen

Our identity as citizens became a reality when, after the 1911 “Xinhai”
Revolution, China established Asia’s first republic. No longer were we
subjects of an absolute monarchy or docile vassals willing to be
enslaved by others. We were neither commoners unconcerned about
affairs of state or realm nor an angry, irrational mob. From that moment
on, we became citizens possessed of the idea of rule of law.
Constitutions stipulated that we held the right to vote and the rights
to free expression and freedom of belief, as well as all other universal
freedoms. But today, more than a century later, how many of our fellow
countrymen take this hallowed status and these sacred rights and their
accompanying responsibilities seriously? Have we ever paid attention to
our electoral rights? Have we shown any concern about how our coun-
try spends its tens of trillions in public finances each year? Have we
ever protested when deprived of our freedom of expression? Confronted
with inequities of education and healthcare or faced with our defeated
society, in the course of going from heaving sighs of despair to feelings
of anger, have we ever thought to use our own citizen activism to bring
about change?
I am a citizen. You are a citizen. He is a citizen. We are all citizens.
This is an identity that we all have as Chinese. It is only because many
of us have yet to take this identity seriously in our practical lives that
citizenship has become a special status that only a small number of us
possess. But our collective identity is as groups of citizens. It makes no
difference if some don’t like this and want to ban these groupings,
because no one can deprive us of our identity as citizens.
The New Citizen Movement advocates that everyone be a true citi-
zen. It calls for a spirit of perseverance and advocates the use of

1
2 Preface

rational, constructive methods to push for progress in our country’s

democracy and rule of law. It promotes uniting around our common
identity as citizens and developing a healthy political opposition force
within civil society that will further China’s transformation into a con-
stitutional culture.
If one wanted to sum up the New Citizen Movement in a word, that
word would be “seriously”: we take our identities as citizens seriously,
take our rights as citizens seriously, and take our responsibilities as cit-
izens seriously. We do not need to create a new identity in order to
express our political ideals—citizenship is enough, democracy and rule
of law are enough. Today, popular republicanism, democracy, and rule
of law have already become universal trends and represent a popular
consensus that has already been written into the constitution. Chinese
authorities have no choice but to say publicly that they wish to pursue
democracy and rule of law. One day, true citizens will no longer be a
mere minority, and all 1.3 billion Chinese will stand up as citizens. At
that moment, the New Citizen Movement will have completed its histor-
ical mission.
The New Citizen Movement is a bright path to a glorious future for
the Chinese nation. The most ideal reform model for China is to develop
constructive political opposition groups outside the existing political
system groups that can negotiate with progressive forces within the sys-
tem to enact a new constitution and, together, complete a transition to
constitutional democracy. Developing constructive political opposition
groups outside the system depends on a common identity and platform,
common core values, and a viable model for action. Citizenship is our
common identity and platform, and the New Citizen Movement is our
viable model for action. When I am free, I work hard to practice the
New Citizen spirit of freedom, justice, and love. When I am brought
before the court, I defend my procedural rights through silence. When I
am imprisoned, I also struggle on behalf of the rights and dignity owed
to a citizen. No person at any time may deprive me of my identity as a
citizen. As long as we believe, work hard, and do not give up, this iden-
tity as citizen will eventually become reality one day.
Actually, the situation today is not all that pessimistic. Democracy
and rule of law have already become part of the mainstream discourse.
No matter how unwilling the conservatives might be to hear this, China
can never return to the Mao era, when a person could arbitrarily be sent
to laogai for dozens of years or even killed. In today’s New Citizen
cases, it is no longer our ideas that are debated at court. They don’t dare
say that our advocacy of constitutional democracy is “reactionary”; they
 Preface 3

can only argue about whether our actions disrupted public order. This,
by itself, is progress and opens up space for the future.
Activity through citizen groups has no leadership, no hierarchy, no
commands, no disciplinary punishments—these are voluntary associa-
tions formed on the basis of commonly held ideas. This model truly
conforms with modern democratic politics, and only a constructive
political opposition group based on this type of model can avoid falling
into the trap of barbaric traditional autocratic thinking that “those who
conquer, rule” and, instead, truly bring about democracy and freedom
for China.
The Chinese nation needs a group of sincere idealists to establish a
democratic political culture and tradition. When you join the New Citi-
zen Movement, it doesn’t enable you to enter someone’s inner circle;
rather, it enables you to take your identity as citizen seriously. This is
not merely about placing moral demands on individuals; it is more
about joining alongside other idealists from the Chinese nation and
building a glorious China of democracy and rule of law.
Together, let us openly express our identities as citizens through our
citizen badges, Weibo avatars, and other means. This type of public
expression allows us to become aware of and encourage each other and
enables us to coalesce into a positive social force. Together, let us prop-
agate and practice the New Citizen spirit of freedom, justice, and love.
Together, let us participate in citizen actions by local citizen groups in
order to protect our rights, win back our freedoms, defend justice, and
manifest love. Together, let us unite as citizens to voice our rational
concerns about major public affairs.
We shall follow the principle of rationality at all times and con-
structively promote the development of democracy and rule of law in
our country. We are brave and determined, moderate and calm.
Together, we are happy citizens building a beautiful China.

Citizen Xu Zhiyong
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