Full text of the first-instance judgment in the case of Ms. Guan Xiaoyan, a human rights defender from Jimo District, Qingdao, Shandong, sentenced to four years’ imprisonment

Criminal Judgment of the People’s Court of Jimo District, Qingdao, Shandong Province

(2023) Lu 0215 Xing Chu No. 631

Public Prosecutor: People’s Procuratorate of Jimo District, Qingdao, Shandong Province

Defendant Guan Xiaoyan, female, Han Chinese, born on March 27, 1966, in Qingdao, Shandong Province. Citizen ID number 37022219660327532X, bachelor’s degree. She is a retired teacher at the Shanshi Experimental School in Jimo District, Qingdao. Her registered residence is at No. 70 Wenhua Road, Education Commission, Lancun Subdistrict, Jimo District, Qingdao; her place of residence is in Building *, Unit *, Apartment * of the Xinxing Central City residential compound, Longshan Subdistrict, Jimo District, Qingdao. On suspicion of committing the crime of picking quarrels and provoking trouble, she was placed under residential surveillance at a designated location by the Chengyang Branch of the Qingdao Municipal Public Security Bureau on September 24, 2021, and under residential surveillance at a designated location by the People’s Procuratorate of Chengyang District, Qingdao, on March 25, 2022; she was released on bail pending trial on September 23 of the same year. On suspicion of committing the crime of picking quarrels and provoking trouble, she was criminally detained by the Jimo Branch of the Qingdao Municipal Public Security Bureau on June 22, 2023, and arrested on July 8 of the same year. She is currently detained at the Second Detention Center of Qingdao, Shandong Province.

Defense counsel Hou Liang and Zhang Wenjing, attorneys at Shandong Chenggong (Laoshan) Law Firm.

The People’s Procuratorate of Jimo District, Qingdao, Shandong Province, filed a public prosecution before this court, charging defendant Guan Xiaoyan with the crimes of picking quarrels and provoking trouble and obstructing official business, under indictment Qing Jimo Jian Xing Su (2023) Z10. After accepting the case, this court lawfully formed a collegial panel, applied ordinary procedures, and conducted a public trial. Prosecutor Zhang Xiaodong was assigned by the People’s Procuratorate of Jimo District, Qingdao, Shandong Province, to appear in court and support the prosecution. Defendant Guan Xiaoyan and her defense counsel Hou Liang and Zhang Wenjing appeared in court to participate in the proceedings. The trial has now concluded.

The public prosecutor alleged

(1) Facts concerning picking quarrels and provoking trouble

In April 2018, Jimo District, Qingdao, Shandong Province, began demolition work in the eastern part of the central urban area. Defendant Guan Xiaoyan and her husband had a bungalow residence in the demolition area, and therefore made unreasonable demands, including seeking a large amount of compensation calculated at the price of a villa. In order to pressure the government, Guan Xiaoyan fabricated false information on information networks, or disseminated information on information networks while knowing that it had been fabricated, incited disturbances, and caused trouble. The WeChat groups in which she posted information had a cumulative membership of more than 50,000, with more than 80,000 views and more than 2,000 comments, causing serious disorder to public order.

(2) Facts concerning obstructing official business

On January 1, 2021, police officers Wang Junqing and Huang Shengxue of the Development Zone Police Station of the Jimo Branch of the Qingdao Municipal Public Security Bureau, carrying summonses, lawfully went to No. 246, Zhangjia Yanxia Village, Jimo District, Qingdao, where defendant Guan Xiaoyan lived, to summon her on suspicion of picking quarrels and provoking trouble. During the summons, the police presented their identification and explained the reason for the summons, and repeatedly asked her to open the door and cooperate. Guan Xiaoyan refused to cooperate, and, holding an axe inside the house and waving it, said, “If you come in, I’ll chop you to death,” verbally threatening the police. After repeated attempts to dissuade her failed, police officer Wang Junqing entered and took away the axe, and he and Huang Shengxue restrained Guan Xiaoyan and took her away.

The public prosecutor held that defendant Guan Xiaoyan fabricated false information and disseminated it on information networks, incited disturbances, and caused serious disorder to public order; and that she obstructed the people’s police from lawfully performing their duties by means of threats. Her conduct violated the provisions of Article 293, Paragraph 1, and Article 277, Paragraph 1, of the Criminal Law of the People’s Republic of China, and she should be held criminally responsible for the crimes of picking quarrels and provoking trouble and obstructing official business. Documentary evidence, witness testimony, the defendant’s statements and defenses, and other evidence were submitted to substantiate the allegations.

Defendant Guan Xiaoyan did not dispute the facts alleged but did not acknowledge the charges, maintaining that she had not committed a crime. The main defense arguments advanced by her defense counsel were: 1. Guan Xiaoyan’s own understanding was biased, making it difficult for her to distinguish the truth or falsity of information from the outside world; she believed that the information she posted was correct and did not intentionally fabricate false information; 2. Guan Xiaoyan posted information in specific WeChat groups, which did not reach the level of causing serious disorder to public order; 3. Regarding the charge of obstructing official business, the officers handling the case were not dressed in accordance with regulations; Guan Xiaoyan merely briefly waved an axe inside her home, did not cause physical injury to the officers handling the case, and was ultimately summoned and brought to the authorities, so her conduct did not reach the level of obstructing official business.

The court ascertained the following facts:

(1) Facts concerning picking quarrels and provoking trouble

In April 2018, Jimo District, Qingdao, Shandong Province, began demolition work in the eastern section of the central urban area. Defendant Guan Xiaoyan and her husband had a bungalow residence in the demolition area, and therefore made unreasonable demands, including seeking a large amount of compensation calculated at the price of a villa. In order to pressure the government, from July 2019 through June 2023, Guan Xiaoyan continuously fabricated false information on information networks, or disseminated information on information networks while knowing that it had been fabricated. Investigation showed that the WeChat groups in which she posted information had a cumulative membership of more than 46,000, with more than 80,000 views and more than 2,000 comments.

(2) Facts concerning obstructing official business

On January 1, 2021, police officers Wang Junqing and Huang Shengxue of the Development Zone Police Station of the Jimo Branch of the Qingdao Municipal Public Security Bureau, carrying summonses, lawfully went to No. 246, Zhangjia Yanxia Village, Jimo District, Qingdao, where defendant Guan Xiaoyan lived, to summon her on suspicion of picking quarrels and provoking trouble. During the summons, the police presented their identification and explained the reason for the summons, and repeatedly asked her to open the door and cooperate. Guan Xiaoyan refused to cooperate, and, holding an axe inside the house and waving it, said, “If you come in, I’ll chop you to death,” verbally threatening the police. After repeated attempts to dissuade her failed, police officer Wang Junqing forcibly entered and took away the axe, and, together with Huang Shengxue, restrained Guan Xiaoyan and took her away.

It was further established that defendant Guan Xiaoyan was apprehended and brought before the authorities on June 21, 2023, and truthfully confessed to the main facts after being brought in.

The foregoing facts are supported by evidence admitted into the record and subjected to examination and verification in court, including the case-reception registration form, decision to file the case, apprehension certificate, screenshots of WeChat chat records, petition-handling materials issued by the Petition Bureau of Jimo District, Qingdao, concerning the handling of Guan Xiaoyan’s petition matters, household-registration certificate and other documentary evidence; testimony from witnesses Fan Xianwu, Li Shimin, Liu Meili, Bi Zhilan, Zhao Benmei and others; search records, seizure decision and seizure inventory; audiovisual materials, electronic data, electronic-evidence inspection work records and electronic examination records; and Guan Xiaoyan’s statements and defenses. The evidence is sufficient to establish the facts.

Regarding the opinions of both the prosecution and the defense, based on the facts, evidence and legal provisions of this case, this court assesses them as follows:

1. Regarding the reasons for Guan Xiaoyan’s defense and the defense opinion advanced by her defense counsel that she did not constitute the crime of picking quarrels and provoking trouble, investigation shows that Guan Xiaoyan took advantage of the broad reach and strong dissemination power of information networks to fabricate or repost false information online, confuse right and wrong and incite the public, thereby seeking to create an impact and pressure the government, with the intention of satisfying her unreasonable petition demands. Her dissemination of false information continued for a long time, involved many participants and had a broad scope of influence, and had already caused serious disorder to public order. This meets the constituent elements of the crime of picking quarrels and provoking trouble. Accordingly, the court does not accept these reasons for the defense or this defense opinion.

2. Regarding the reasons for Guan Xiaoyan’s defense and the defense opinion advanced by her defense counsel that she did not constitute the crime of obstructing official business, investigation shows that when the police went to Guan Xiaoyan’s home to lawfully summon her, they presented their police identification and summons, and informed her of the reason for the summons. Guan Xiaoyan refused to cooperate and verbally threatened the police while holding an axe, thereby obstructing state-agency personnel from lawfully performing their duties. Her conduct constituted the crime of obstructing official business. Accordingly, the court does not accept these reasons for the defense or this defense opinion.

This court holds that defendant Guan Xiaoyan fabricated false information or disseminated false information on information networks while knowing that it had been fabricated, incited disturbances and caused serious disorder to public order; her conduct constituted the crime of picking quarrels and provoking trouble. By means of threats, she obstructed state-agency personnel from lawfully performing their duties; her conduct constituted the crime of obstructing official business. Guan Xiaoyan committed multiple crimes and shall, in accordance with the law, be punished cumulatively. The facts and charges alleged by the public prosecutor are established, and this court supports them. In conclusion, pursuant to Article 293, Paragraph 1; Article 277, Paragraph 1; Article 69; and Article 47 of the Criminal Law of the People’s Republic of China, and Article 5 of the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases Involving Defamation through the Use of Information Networks, the judgment is as follows:

Defendant Guan Xiaoyan is sentenced to three years and six months’ imprisonment for the crime of picking quarrels and provoking trouble, and to eight months’ imprisonment for the crime of obstructing official business. The sentence to be actually executed is four years’ imprisonment.

(The term of imprisonment shall be calculated from the date on which the judgment is executed; one day of pretrial detention before execution of the judgment shall be credited as one day of the sentence, and two days under residential surveillance at a designated location shall be credited as one day of the sentence; that is, from June 22, 2023, through December 20, 2026.)

If you disagree with this judgment, you may, within ten days from the second day after receiving the judgment, file an appeal through this court or directly with the Intermediate People’s Court of Qingdao, Shandong Province. A written appeal shall be submitted in one original and two copies.

Presiding Judge Zhang Haojie

Judge Jiang Bing

Judge Jiang Yulin

February 6, 2026

Clerk Fang Yuhan

Clerk Xu Yi