Open Constitution Initiative
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The Open Constitution Initiative (OCI) (), sometimes referred to in English as Gongmeng, was an organization consisting of lawyers and academics in the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
that advocated for the
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
and greater
constitutional A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these princ ...
protections. It was established by
Peking University Peking University (PKU) is a Public university, public Types of universities and colleges in China#By designated academic emphasis, university in Haidian, Beijing, China. It is affiliated with and funded by the Ministry of Education of the Peop ...
Law School scholars
Xu Zhiyong Xu Zhiyong ( zh, s=许志永, p=Xǔ Zhìyǒng; born March 2, 1973) is a Chinese civil rights activist and formerly a lecturer at the Beijing University of Post and Telecommunications. He was one of the founders of the NGO Open Constitution I ...
,
Teng Biao Teng Biao () is a Chinese lawyer and political activist. He is a lecturer at the China University of Political Science and Law in Beijing. He has been a vocal supporter of human rights activists such as Chen Guangcheng and Hu Jia. He has been a ...
, Yu Jiang, and Zhang Xingshui in 2003, and was shut down by the Chinese government in 2009.


Proposed Constitutional Amendments

In 2004, the group proposed amendment to include “
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
” in the Constitution, and petitioned it to the
National People's Congress The National People's Congress (NPC) is the highest organ of state power of the People's Republic of China (PRC). The NPC is the only branch of government in China, and per the principle of unified power, all state organs from the Sta ...
.


Background

Since 2002,
online In computer technology and telecommunications, online indicates a state of connectivity, and offline indicates a disconnected state. In modern terminology, this usually refers to an Internet connection, but (especially when expressed as "on lin ...
independent
media Media may refer to: Communication * Means of communication, tools and channels used to deliver information or data ** Advertising media, various media, content, buying and placement for advertising ** Interactive media, media that is inter ...
and tabloids have played an important role in political discourse within Chinese society. Many Chinese
intellectuals An intellectual is a person who engages in critical thinking, research, and Human self-reflection, reflection about the nature of reality, especially the nature of society and proposed solutions for its normative problems. Coming from the wor ...
have used the
Internet The Internet (or internet) is the Global network, global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a internetworking, network of networks ...
to discuss the possible evolution of Chinese politics. The OCI is a group of such intellectuals whose website contained essays about constitutional issues and the protection of citizen's rights. One notable lawyer who is part of the group is
Xu Zhiyong Xu Zhiyong ( zh, s=许志永, p=Xǔ Zhìyǒng; born March 2, 1973) is a Chinese civil rights activist and formerly a lecturer at the Beijing University of Post and Telecommunications. He was one of the founders of the NGO Open Constitution I ...
.


Activities


2003

Xu Zhiyong Xu Zhiyong ( zh, s=许志永, p=Xǔ Zhìyǒng; born March 2, 1973) is a Chinese civil rights activist and formerly a lecturer at the Beijing University of Post and Telecommunications. He was one of the founders of the NGO Open Constitution I ...
,
Teng Biao Teng Biao () is a Chinese lawyer and political activist. He is a lecturer at the China University of Political Science and Law in Beijing. He has been a vocal supporter of human rights activists such as Chen Guangcheng and Hu Jia. He has been a ...
, and Yu Jiang raised the unconstitutionality of the investigation in the
Sun Zhigang incident The Sun Zhigang incident () refers to the 2003 death of the migrant worker Sun Zhigang in Guangzhou, as a result of physical abuse he suffered while being detained under China's custody and repatriation (C&R) system. The case received massive a ...
. In December, Xu was elected as a representative of the People's Congress of
Haidian, Beijing Haidian () is a northwest urban district of Beijing, bordering Xicheng, Beijing, Xicheng and Fengtai, Beijing, Fengtai. It is in area, making it the second-largest district in urban Beijing area (after Chaoyang, Beijing, Chaoyang), and is home ...
.


2004

Participated in the drafting of a proposed amendment to include “
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
” in the Constitution, submitted to the
National People's Congress The National People's Congress (NPC) is the highest organ of state power of the People's Republic of China (PRC). The NPC is the only branch of government in China, and per the principle of unified power, all state organs from the Sta ...
; followed the Henan incident where authorities forcibly closed the
HIV The human immunodeficiency viruses (HIV) are two species of '' Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the im ...
/
AIDS The HIV, human immunodeficiency virus (HIV) is a retrovirus that attacks the immune system. Without treatment, it can lead to a spectrum of conditions including acquired immunodeficiency syndrome (AIDS). It is a Preventive healthcare, pr ...
orphanage known as “Home of Care and Love”; defended Yu Huafeng and Cheng Yizhong, the General Manager and Editor in Chief, respectively, of the Southern Metropolitan Daily; participated in representing the four innocent Chengde citizens who were sentenced, five times, to the
death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
; organized a symposium to discuss the legitimacy of the relocation of the Beijing Zoo. On 8 June 2004, Chinese internet authorities shut down its web site without specifying a precise reason. The crackdown came during a time of heightened political tension regarding the Taiwan Straits and the 15th anniversary of the
Tiananmen Square protests of 1989 The Tiananmen Square protests, known within China as the June Fourth Incident, were student-led demonstrations held in Tiananmen Square in Beijing, China, lasting from 15 April to 4 June 1989. After weeks of unsuccessful attempts between t ...
, and also during events symbolic of China's increasing international interdependence, such as the visit of the
Greek Greek may refer to: Anything of, from, or related to Greece, a country in Southern Europe: *Greeks, an ethnic group *Greek language, a branch of the Indo-European language family **Proto-Greek language, the assumed last common ancestor of all kno ...
Olympian envoy.


2005

Conducted research on China’s petitioning (“ xinfang”) system; pushed for Local People’s Congress Delegate Reception Day; researched the local people’s congress system; began writing the 2005 Report on the Development of Human Rights in China.


2006

Completed the 2005 Report on the Development of
Human Rights in China Human rights in the People's Republic of China are poor, as per reviews by international bodies, such as human rights treaty bodies and the United Nations Human Rights Council's Universal Periodic Review. The Chinese Communist Party (CCP), th ...
; followed the Beijing taxi price hike and reform of the management system; completed the Research Report on China’s Xinfang System; monitored the direct election of the Haidian District of Beijing Municipality Local People’s Congress; spoke out for the education rights of migrant children; wrote proposed legislative amendments to the Beijing Measures on the Administration of Dog Ownership.


2007

Assisted with the administrative suit on behalf of victims of the illegal brick kilns; followed the Zhongguancun demolition and relocation case; launched various citizen participation activities.


2008

Organized a Pro Bono Legal Aid Team to conduct public interest litigation on behalf of victims of the tainted milk scandal; promoted direct elections within the Beijing Lawyers Association.


2009

Released an investigative report into the causes of the 3.14 incident in
Tibet Tibet (; ''Böd''; ), or Greater Tibet, is a region in the western part of East Asia, covering much of the Tibetan Plateau and spanning about . It is the homeland of the Tibetan people. Also resident on the plateau are other ethnic groups s ...
; launched activities to promote open government information, including requesting the disclosure of three specific types of public expenditures; hosted a legal organization training workshop where legal knowledge relating to rights defence and elections was discussed; provided legal aid to Deng Yujiao, victims of " black jails", and petitioners; launched residence committee elections and organized symposiums on Green Dam, mental disability, and many more issues; in order to guide public opinion on a path of rational development, expressed public opinion on many important issues. The organization published a report criticising the Chinese government's policy towards
Tibet Tibet (; ''Böd''; ), or Greater Tibet, is a region in the western part of East Asia, covering much of the Tibetan Plateau and spanning about . It is the homeland of the Tibetan people. Also resident on the plateau are other ethnic groups s ...
, alleging that
propaganda Propaganda is communication that is primarily used to influence or persuade an audience to further an agenda, which may not be objective and may be selectively presenting facts to encourage a particular synthesis or perception, or using loaded l ...
was being used to mask failings in its Tibet policy, such as ethnic inequality and creating "an aristocracy of corrupt and abusive government officials". It has been regarded as a more balanced view of the situation in Tibet and has had approval circulating through discussion websites in China, though the Chinese government has yet to comment.


Closure

On July 14, 2009, the organization was fined 1.46 million RMB. On July 17, 2009, authorities declared the organization "illegal" and shut it down. On 29 July 2009,
Xu Zhiyong Xu Zhiyong ( zh, s=许志永, p=Xǔ Zhìyǒng; born March 2, 1973) is a Chinese civil rights activist and formerly a lecturer at the Beijing University of Post and Telecommunications. He was one of the founders of the NGO Open Constitution I ...
was arrested on charges of 'tax evasion'. He was subsequently released on bail on 23 August 2009. On August 21, 2010, the public security bureau of Beijing dropped all the charges, returned all its items formerly held in custody, and released Xu from bail. Xu and others continued their works and activities with a new organization name Gongmin ("citizen(s)", ). However, his administrative assistant, Zhuang Lu, is reported to have disappeared, possibly held in a detention house in Beijing.Assistant to pioneering Chinese rights lawyer 'disappears'
''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'', 21 August 2009


See also

*
Human rights in the People's Republic of China Humans (''Homo sapiens'') or modern humans are the most common and widespread species of primate, and the last surviving species of the genus ''Homo''. They are great apes characterized by their hairlessness, bipedalism, and high intelligen ...
*
Law of the People's Republic of China The Law of the People's Republic of China, officially referred to as the socialist rule of law with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau. C ...
*
Weiquan movement The Weiquan movement is a non-centralized group of lawyers, legal experts, and intellectuals in the People's Republic of China who seek to protect and defend the civil rights of the citizenry through litigation and legal activism. The movemen ...
*
Internet censorship in the People's Republic of China The People's Republic of China (PRC) internet censorship, censors both the publishing and viewing of online material. Many controversial events are censored from news coverage, preventing many Chinese citizens from knowing about the actions of ...
*
Internet freedom Internet censorship is the legal censorship, control or suppression of what can be accessed, published, or viewed on the Internet. Censorship is most often applied to specific Network domain, internet domains (such as ''Wikipedia.org'', for exam ...
*
Freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic Media (communication), media, especially publication, published materials, shoul ...


References


External links

* Official Websit


Gongmeng's Twitter
Website Shutdown by the Chinese authorities * Official Websit
Open Constitution Initiative
(shut down by authority) * Official Websit
Open Constitution Initiative
(shut down by authority)
OCI's Second Official Website
{{in lang, zh (shut down by authority on August 5, 2009) Think tanks based in China