Open Constitution Initiative

The Open Constitution Initiative, commonly known by its Chinese name Gongmeng, was a Chinese organization of lawyers, legal scholars, and other intellectuals that advocated the rule of law and stronger constitutional protections. It emerged in 2003 amid a period when online publishing, independent commentary, and public-interest law were becoming important channels for debate about governance and citizens’ rights in the People’s Republic of China. The organization was associated especially with lawyers and Peking University legal scholars Xu Zhiyong, Teng Biao, Yu Jiang, and Zhang Xingshui. OCI combined legal research, policy analysis, public-interest representation, and civic education. Its work addressed constitutional interpretation, administrative justice, petitioning, local people’s congresses, elections, migrant children’s access to education, government transparency, forced relocation, discrimination, and abuses of administrative power. Rather than operating as a conventional commercial brand, it functioned as a civil-society and legal-advocacy platform whose public identity was built around constitutionalism and rights defense. Its website published essays and reports on legal and political questions and helped connect lawyers, academics, journalists, petitioners, and affected communities. Among its early activities was work concerning the Sun Zhigang incident, in which the organization’s lawyers questioned the constitutional basis of a system used to detain people without ordinary judicial safeguards. In 2004, OCI participated in drafting and submitting a proposal to add an explicit human-rights provision to China’s Constitution. It also followed cases involving an HIV/AIDS orphanage in Henan, journalists from Southern Metropolitan Daily, death sentences in Chengde, and the proposed relocation of the Beijing Zoo. The group’s site was blocked by Chinese internet authorities in June 2004, without a publicly specified reason. During the following years, OCI broadened its research and legal work. It studied China’s petitioning system and local people’s congresses, promoted reception arrangements for constituents, monitored direct elections in Beijing’s Haidian District, and examined issues such as taxi pricing, migrant children’s education, demolition, illegal brick kilns, and local regulation. In 2008, it organized a pro bono legal-aid team for people affected by the tainted-milk scandal and advocated more competitive elections within the Beijing Lawyers Association. In 2009, it supported public-interest cases involving Deng Yujiao, people held in unofficial detention facilities, and petitioners; promoted requests for disclosure of government expenditures; and convened discussions on issues including the Green Dam internet-filtering proposal, mental disability, and neighborhood elections. OCI also published a report on the causes of the March 2008 unrest in Tibet. The report criticized official policy and argued that propaganda obscured problems including ethnic inequality and the privileges of corrupt or abusive officials. Its publication increased the organization’s political sensitivity, although the Chinese government did not issue a substantive public response according to the cited account. The organization was subjected to escalating official pressure in July 2009. Authorities imposed a fine of 1.46 million renminbi on July 14, declared the organization illegal three days later, and shut it down. Xu Zhiyong was arrested on tax-evasion charges on July 29 and released on bail on August 23. In August 2010, Beijing public-security authorities dropped the charges, returned confiscated property, and ended the bail arrangement. Xu and associates subsequently continued related activities under the name Gongmin, meaning “citizen.” OCI itself did not resume operations as the same organization and is therefore considered defunct.

The Open Constitution Initiative developed in the early 2000s from a network of Chinese lawyers and academics interested in constitutional reform, legal accountability, and citizen rights. Its founders included Peking University legal scholars and practicing lawyers Xu Zhiyong, Teng Biao, Yu Jiang, and Zhang Xingshui. The organization’s Chinese name, Gongmeng, conveyed an association or alliance formed around public and constitutional concerns. In 2003, members raised constitutional objections to the investigation and detention practices exposed by the Sun Zhigang incident. The same year, Xu Zhiyong became a representative in Beijing’s Haidian District People’s Congress, providing a direct connection between the organization’s legal advocacy and local representative institutions. OCI’s website became a vehicle for publishing essays, reports, and commentary on constitutional questions and the protection of citizens’ rights. In 2004, the organization helped prepare a proposal to add an explicit reference to human rights in China’s Constitution and submitted it to the National People’s Congress. It also worked on or followed several public-interest matters, including the forced closure of an HIV/AIDS orphanage in Henan, the prosecution of senior figures at Southern Metropolitan Daily, death-penalty cases involving four Chengde residents, and debate over the proposed relocation of the Beijing Zoo. Chinese internet authorities blocked the OCI website on June 8, 2004, without giving a precise public explanation. OCI’s program expanded from individual cases into institutional research. In 2005 it examined the petitioning, or xinfang, system, promoted designated reception days for local people’s congress representatives, studied local congresses, and began compiling a report on human-rights development in China. In 2006 it completed that report and a study of the petitioning system, followed changes to Beijing taxi prices and management, monitored direct elections in Haidian District, advocated education access for migrant children, and proposed amendments to Beijing dog-ownership regulations. The organization continued public-interest work in 2007 and 2008. It assisted administrative litigation for victims of illegal brick kilns, followed demolition and relocation disputes in Zhongguancun, and organized activities intended to increase citizen participation. Following the tainted-milk scandal, OCI assembled a pro bono legal-aid team to represent affected victims. It also promoted direct elections within the Beijing Lawyers Association, linking professional self-governance with its broader interest in accountable institutions. In 2009, OCI pursued a wide range of rights-defense and transparency activities. It published an investigation into the causes of the March 14 events in Tibet and criticized official Tibet policy, asserting that propaganda concealed ethnic inequality and the creation of privileged official networks. The organization sought disclosure of several categories of public expenditure, held training for legal organizations on rights defense and elections, and provided assistance to Deng Yujiao, people held in unofficial “black jails,” and petitioners. It also supported neighborhood-committee elections and held discussions on Green Dam internet filtering, mental disability, and other public issues. Official pressure culminated in July 2009. The organization received a 1.46 million renminbi fine on July 14, was declared illegal on July 17, and was closed. Xu Zhiyong was arrested on tax-evasion charges on July 29 and released on bail on August 23. On August 21, 2010, authorities dropped the charges, returned property previously held in custody, and released Xu from bail. Xu and other associates later continued related work under the name Gongmin, or “citizen,” but OCI did not re-emerge as the same organization. Its formal operating period is therefore generally treated as 2003–2009.

• 2010

  Charges against Xu Zhiyong dropped

  [1]Open Constitution Initiativeen.wikipedia.org

  Authorities dropped the charges against co-founder Xu Zhiyong and returned property held during the case.

• 2009

  Transparency and rights-defense program

  [1]Open Constitution Initiativeen.wikipedia.org

  OCI requested government expenditure information, trained legal organizations, assisted vulnerable groups, and organized civic-participation activities.

• 2009

  Organization shut down

  [1]Open Constitution Initiativeen.wikipedia.org

  Authorities fined OCI, declared it illegal, and closed it in July.

• 2008

  Tainted-milk legal-aid team

  [1]Open Constitution Initiativeen.wikipedia.org

  The organization formed a pro bono team to provide public-interest legal assistance to victims of the tainted-milk scandal.

• 2005

  Petitioning-system research launched

  [1]Open Constitution Initiativeen.wikipedia.org

  OCI began systematic research into China’s xinfang petitioning system and local representative institutions.

• 2004

  Human-rights constitutional amendment proposal

  [1]Open Constitution Initiativeen.wikipedia.org

  The organization participated in drafting and submitting a proposal to add human rights to China’s Constitution.

• 2004

  Website blocked

  [1]Open Constitution Initiativeen.wikipedia.org

  Chinese internet authorities shut down access to the OCI website on June 8.

• 2003

  Organization established

  [1]Open Constitution Initiativeen.wikipedia.org

  Lawyers and legal scholars including Xu Zhiyong, Teng Biao, Yu Jiang, and Zhang Xingshui established the Open Constitution Initiative.

• 2003

  Sun Zhigang constitutional challenge

  [1]Open Constitution Initiativeen.wikipedia.org

  OCI-affiliated lawyers questioned the constitutional basis of the investigation and detention practices highlighted by the Sun Zhigang incident.

A rights-oriented Chinese civil-society and legal-advocacy organization focused on constitutionalism, rule of law, public-interest litigation, and citizen participation.

• Research and publications · 2004

  Constitutional and human-rights research

  OCI produced essays, reports, and proposed legal reforms addressing constitutional protections, human rights, government accountability, and the relationship between state institutions and citizens. Its 2005 human-rights development report and proposal to recognize human rights constitutionally reflected its effort to place rights advocacy within formal legal and institutional frameworks.

• Legal services · 2003

  Public-interest legal aid

  The organization supported litigation and legal assistance for people affected by administrative abuse, forced relocation, unlawful detention, discriminatory policies, public-health failures, and other rights violations. Its work included assistance connected with illegal brick kilns, the tainted-milk scandal, Deng Yujiao, black jails, and petitioners.

• Civic education · 2005

  Civic participation and election advocacy

  OCI promoted participation in local governance through research and activities concerning local people’s congresses, direct elections, neighborhood committees, constituent reception days, and elections within the Beijing Lawyers Association. These efforts sought to strengthen institutional accountability and public involvement without operating as a commercial service.

• 2009

  Government closure of the Open Constitution Initiative

  Chinese authorities imposed a large fine, declared OCI illegal, and closed the organization after years of legal, constitutional, and transparency advocacy.

  Source

Read more

• 2009Open-government information requests

  China

  The organization promoted government transparency by requesting disclosure of three categories of public expenditures.

  Outcome. The campaign formed part of OCI’s final-year program before its closure by authorities.

  Source
• 2009Rights-defense and civic participation activities

  China

  OCI provided legal aid, trained legal organizations, supported residence-committee elections, and organized discussions on Green Dam, mental disability, and related public issues.

  Outcome. Activities ended when the organization was declared illegal and shut down in July 2009.

  Source
• 2008Tainted-milk public-interest legal aid

  China

  OCI organized a pro bono legal-aid team to represent victims of the tainted-milk scandal.

  Outcome. The initiative extended the organization’s rights-defense work into a major public-health and consumer-protection case.

  Source
• 2004Human-rights constitutional amendment proposal

  China

  OCI helped draft and submit a proposal to the National People’s Congress calling for an explicit human-rights provision in the Constitution.

  Outcome. The proposal did not become an OCI-led constitutional amendment, but it established the organization’s constitutional-reform focus.

  Source

• 2009

  Organization closed by authoritiesOther

  Background

  Officials imposed a fine and characterized OCI as operating illegally after its public-interest legal and political activities intensified.

  Action taken

  Authorities fined the organization 1.46 million renminbi on July 14, declared it illegal on July 17, and shut it down.

  Aftermath

  Xu Zhiyong was arrested and later released; related activists subsequently continued some work under the Gongmin name, but OCI did not resume operations as the same organization.

  Administrative fine. 1.46 million RMB (July 14, 2009)

  Source

• 2008

  Expand into coordinated pro bono public-interest litigationStrategy

  Background

  The tainted-milk scandal created a need for legal assistance to affected families and communities.

  Action taken

  OCI organized a pro bono legal-aid team to pursue public-interest representation.

  Aftermath

  The organization broadened its role from research and commentary into coordinated assistance for a national public-health crisis.

  Source

• 2004

  Submit a human-rights constitutional amendment proposalStrategy

  Background

  OCI sought to frame human-rights protection as a constitutional and institutional question rather than solely as individual litigation.

  Action taken

  It participated in drafting and petitioning the National People’s Congress for an explicit human-rights provision.

  Aftermath

  The proposal became a prominent example of OCI’s constitutional-reform advocacy.

  Source

• 2010

  Charges against Xu Zhiyong dropped[1]Open Constitution Initiativeen.wikipedia.org

  Regulation · Other

  Beijing public-security authorities dropped the charges, returned confiscated property, and ended Xu Zhiyong’s bail.

• 2009

  Open Constitution Initiative fined and declared illegal[1]Open Constitution Initiativeen.wikipedia.org

  Regulation · Other

  Authorities imposed a 1.46 million renminbi fine and subsequently ordered the organization to close.

• 2009

  Xu Zhiyong arrested after organization’s closure[1]Open Constitution Initiativeen.wikipedia.org

  Regulation · Other

  Co-founder Xu Zhiyong was arrested on tax-evasion charges after OCI was shut down and later released on bail.

• 2004

  Open Constitution Initiative website shut down[1]Open Constitution Initiativeen.wikipedia.org

  Regulation · Other

  Chinese internet authorities closed access to the organization’s website during a period of heightened political sensitivity.

1. 1Open Constitution Initiativeen.wikipedia.org
2. 2Archived official website of the Open Constitution Initiativegongmeng.info