▲The room where the case was alleged to have occurred
In a season when vegetation is sprouting and "neither hot nor cold", the Honghong Hotel in Caiyuan Township, Suichang County, Lishui, Zhejiang Province, welcomed a group of "Panshan" guests.
Most of this group of visitors came from the neighboring town of Shilian, including Zhang Xiaobo, who was less than 20 years old at the time, as well as Zhang Xiaobo's master Ma Lifu, fellow acquaintances Gong Mingde, Zhan Qiufa, etc.
After they were full of wine and food, they used mahjong tubes to play "Eight Bars" gambling. At this impromptu party, a gambler lost everything. Afterwards, they went home on their motorcycles.
This scene happened about twenty years ago. In the second half of 2022, a rumor suddenly spread secretly in Suichang County: At that party, Zhang Xiaobo and his master Ma Lifu "raped" the hotel proprietress.
20 years ago, a temporary township gathering
Caiyuan Township is named after it is located at the source of Cai River. In the mid-1990s, a township cadre built a new house at the bridgehead of the township street. The foundation of the new house was raised from the stream. The first floor was used as a restaurant, the second floor was used as a living room for the owner and his family, and the third floor was used as a guest room.
The new house is named "Honghong Hotel" and is managed by the township cadre's wife Mi Liang. Guests are charged 5 yuan per day per guest. The second day of the lunar calendar is the local market day, and villagers come from all directions. Mi Liang is very busy. She got up at 4 o'clock the night before to cook porridge or make dough to make steamed buns.
One day after the new millennium, several foreigners appeared in Qiaotou Hotel. Most of them came from Shilian Town, which is an hour and a half away by motorcycle, including: Zhang Xiaobo, Ma Lifu, Gong Mingde, Wu Yingqin, and Zhan Qiufa. The purpose of their trip was to "defeat the mountains."
Fanshan is the common name for the "forest contracting" business in Suichang County. Zhan Qiufa is a native of Caiyuan. He is responsible for introducing and connecting with the local forest owners in Caiyuan. He hopes to obtain the business of "cableway installation", that is, the installation of timber transportation ropeways, after the success of "Mountain Distribution". At that time, he asked Gong Mingde, a native of Shilian Town, to go to Baifengyang Natural Village in Guojialing, Caiyuan Township many times to "judge the mountains".
Before going to Caiyuan Township, Gong Mingde made an appointment with Wu Yingqin from the same town, and Wu Yingqin made an appointment with Ma Lifu and Zhang Xiaobo. Ma Lifu is a bus driver, responsible for the bus line from Shilian Town to Suichang County. The person who helps sell tickets is Zhang Xiaobo, an "apprentice" who is learning to drive.
This time the "mountain contracting" business failed to be negotiated, and the villagers of Baifengyang Natural Village chose to contract the mountain forest to local people. In the afternoon of that day, Ma Lifu, Gong Mingde and their entourage returned to the Honghong Hotel to gather. Gong Mingde paid for a newly slaughtered dog from the township and gave it to the proprietress Mi Liang to cook. Some people who participated in the meal recalled that they drank glutinous rice, egg wine or beer, "each person drank more than a pound."
Zhang Zhizhao is a native of Jiaotan Township. In the evening of that day, he was returning home from errands in Huangshayao Town and passed by the bridgehead of Caiyuan Township. Zhang Zhizhao was also the person who "launched the ropeway" and had a deposit of 8,000 yuan in his pocket at the time. He was invited to dinner by his acquaintances Ma Lifu and Gong Mingde. Later, someone proposed to play the local "28-bar" gambling.
At the beginning, Zhang Zhizhao was the winner. Gong Mingde couldn't sleep after losing. He was not convinced and asked Zhang Zhizhao to borrow gambling money to continue the game. In the end, Zhang Zhizhao lost all the 8,000 yuan in cash he had. He was extremely frustrated and left early the next morning.
20 years later, a "rape case" was investigated
A few years later, the Honghong Hotel changed its owner, and Mi Liang and her family moved to Caiyuan County.
In the second half of 2022, Zhang Zhizhao heard a sudden rumor in the local public that on that night that made him dejected, Ma Lifu and Zhang Xiaobo actually "bullied" the proprietress of Qiaotou Restaurant. But Zhang Zhizhao told investigators that he had never heard of this "rape case" before.
Mi Liang is now over 60 years old. In August and September of this year, investigators came to Mi Liang and asked if she had been "bullied" that year.
In the first month before investigators found her, Mi Liang denied it. In multiple recordings of evidence, Mi Liang said, “I don’t even remember this,” but investigators “asked them over and over again.” He described, “I chased Lishui (investigators) from Lishui to Songyang. I chased him as far as Songyang, and he could go there without telling me the address." She finally said that this happened.
public information shows that in August 2022, Zhang Xiaobo was investigated during the special rectification operation to “protect ecology and protect integrity” in the mineral resources field in Lishui, Zhejiang. Subsequently, on September 19, 2022, Lishui police received an anonymous report from the public regarding clues about Zhang Xiaobo. During the verification process, it was discovered that during the rainy season in March and April of the lunar calendar in 2002, Mi was raped by Zhang and Ma in the Honghong Hotel. .
Gong Mingde is the main person who reported the rape case. Gong Mingde initially said: After gambling that night, everyone went back to their rooms to sleep. At around 10 o'clock in the morning, he got up and washed up. At the stairwell of the second floor, he saw the proprietress Mi Liang carrying a hot water bottle upstairs. Ma Lifu blocked Mi Liang from letting her pass. He hugged Mi Liang and pushed her towards him and Zhang Xiaobo. Accommodation room drag.
Gong Mingde described that he saw Zhang Xiaobo in the room at that time. He was worried that something would happen to the boss's wife, and also considered that he had brought Zhang Xiaobo and Ma Lifu there. "It would be bad if something happened," so he grabbed Ma Lifu's hand to stop him, " But Ma Lifu kicked me and told me to mind my own business." Afterwards, the door closed.
Mi Liang said that the incident happened "around 8 or 9 pm" on the third floor. At that time, a guest on the third floor asked him to bring boiled water. After arriving on the third floor, she placed the hot water bottle in the room next to the balcony. There were two male guests in the room. As soon as she put the hot water bottle away, a man suddenly hugged her. She disagreed and struggled, but to no avail. Later, another man also bullied her.
Dispute: No witnesses, no one reported the crime, no objective evidence
The indictment issued by the People's Procuratorate of Longquan City, Zhejiang Province stated: One day in April 2000, the defendants Zhang Xiaobo, Ma Lifu, Gong Mingde, Wu Yingqin, and Zhan Qiufa went to Cai, Suichang County Yuanxiang negotiates mountain forest contracting matters. On that day, Zhang Xiaobo, Ma Lifu and others went to the Honghong Hotel run by the victim Mi Liang in Caiyuan Township for dinner. Zhang Xiaobo and Ma Lifu stayed in the balcony side room on the third floor of the hotel. That night, at Ma Lifu's request to deliver hot water to the third floor, Ma Lifu pulled Mi Liang into the room where the two of them were staying and closed the door. Ma Lifu and Zhang Xiaobo ignored Mi Liang's resistance and forced her to have sex one after another.
On June 3, 2024, the People's Court of Longquan City, Zhejiang Province issued the (2023) Zhejiang Xing 1181 Xingchu No. 161 Criminal Judgment. Ma Lifu was sentenced to ten years and three months in prison for the crime of rape at first instance; Zhang Xiaobo was sentenced to ten years and three months for the crime of rape. In the first instance, he was sentenced to ten years and six months in prison. In addition, Zhang Xiaobo also committed the crime of extortion, illegal mining and other crimes. He was punished for several crimes and was sentenced to 24 years and six months in prison.
▲Court Judgment
Regarding the crime of rape, Zhang Xiaobo objected to the alleged criminal facts and charges, arguing that he "did not have sexual relations with the victim." Malifu disputed the alleged criminal facts and charges, saying that it was true that he had sex with Mi, but the other party did not resist at the time. He also paid 50 yuan, and Zhang Xiaobo was not in the room at the time, and there were no two people. The fact that he had sexual relations with the victim one after another.
The verdict shows that Zhang Xiaobo’s first-instance defender argued that there was no objective evidence to prove that sexual relations took place in this case, nor was there objective evidence to prove that violence occurred or that the victim resisted, and the victim did not dare to resist or was unable to resist. ; The testimonies of the witnesses in the case, Gong Mingde and others, are not necessarily objective and cannot directly prove that Zhang Xiaobo raped the victim, and other witnesses in the case did not know about it. In addition, Zhang Xiaobo had no motive for rape. The crime took place in a hotel owned by the victim, and there were acquaintances nearby. It was difficult to commit rape and the risk of exposure was high.
Ma Lifu’s defender pointed out that the victim had the possibility of resisting calling for help instead of calling for help, and remained silent for more than 20 years afterwards. It is difficult to rule out the possibility of sexual relations under inducement; Ma Lifu and Zhang Xiaobo did not have the intention to commit a common crime, and the evidence was mutually exclusive. The contradictions cannot be confirmed by each other, and regardless of whether it constitutes rape, there is no "gang rape" plot.
According to information disclosed in the judgment and other documents, the verbal evidence of the two defendants, the victim and witnesses included various statements such as 1999, 2000, 2002, 2003, etc. regarding the year this case occurred. As for the specific time when this case occurred, various witnesses also expressed different opinions, such as sooner or later.
The People's Court of Longquan City held that the fact that this case occurred on a night in April 2000 and in a room on the third floor was mutually corroborated by the victim's statement, Ma Lifu's confession and the testimony of multiple witnesses. This case occurred more than 20 years ago. The defendant and relevant witnesses did not completely agree on the time and place of the incident, which is consistent with the rules of human memory.
Appeal and jurisdictional objection: Request to add criminal suspects
The first-instance criminal judgment showed that the victim Mi Liang in this case "could not identify the two men who raped her." In the criminal appeal, Zhang Xiaobo claimed that he was forced to make a false confession admitting rape.
▲Defendant Zhang Xiaobo
Multiple witnesses said that Zhang Xiaobo and Gong Mingde originally had a harmonious relationship, but in 2010, they became incompatible due to running for village cadres and other reasons. Zhang Xiaobo’s mother said that Gong Mingde had frequently reported Zhang Xiaobo in recent years.
Gong Mingde said that the rape case was not reported by him on his own initiative, but that investigators knew that "he was present at the incident" and that he "truthfully told what happened that day."
Judicial judgment shows that Lishui police pointed out to Gong Mingde that his statement was "different before and after." In this regard, Gong Mingde said, "I have carefully thought about some details during this period." "There is definitely rape." "I didn't see how Ma Lifu and Zhang Xiaobo raped them inside." "I heard about it afterwards." ".
Wu Yingqin, one of the witnesses in the case, communicated with Zhang Xiaobo’s family after the first-instance verdict of the case, saying that on the night of the incident, Zhang Xiaobo did not go upstairs at all. Zhang was always with him on the first floor of Honghong Hotel, and went up The people who went upstairs were Ma Lifu and Gong Mingde.
Red Star News learned that regarding the crime of rape, Zhang Xiaobo's family plans to submit an "Application for Additional Prosecution of Criminal Suspects" to the Lishui Intermediate People's Court, requesting the public security organs to additionally transfer the criminal suspect Gong Mingde who was omitted from the case for prosecution. The reason was that the facts in the first-instance verdict were unclear and the victim could not identify the perpetrator. However, at the pre-trial conference of the first instance, Ma Lifu once stated in court that the person in the room with him that night was none other than Gong Mingde.
Due to the lack of core physical evidence, the entire case was constructed from witness testimony. The truth of the case has become confusing.
At the same time, Zhang Xiaobo’s family filed another application for jurisdiction in another place. Because Zhang Xiaobo was convicted in the first instance of bribing Zhao Ping, the former deputy prosecutor of the Lishui City People's Procuratorate, the family believes that the prosecutor of the procuratorate has an interest in Zhang Xiaobo's bribery case, and relevant judicial organs and personnel should avoid handling the case.
Zhang Xiaobo appealed after receiving the first-instance verdict. The second-instance trial originally scheduled to be held at the Lishui Intermediate People's Court on October 29, 2024 has been postponed, and the court date has yet to be notified.
▲The room where the case was alleged to have occurred
In a season when vegetation is sprouting and "neither hot nor cold", the Honghong Hotel in Caiyuan Township, Suichang County, Lishui, Zhejiang Province, welcomed a group of "Panshan" guests.
Most of this group of visitors came from the neighboring town of Shilian, including Zhang Xiaobo, who was less than 20 years old at the time, as well as Zhang Xiaobo's master Ma Lifu, fellow acquaintances Gong Mingde, Zhan Qiufa, etc.
After they were full of wine and food, they used mahjong tubes to play "Eight Bars" gambling. At this impromptu party, a gambler lost everything. Afterwards, they went home on their motorcycles.
This scene happened about twenty years ago. In the second half of 2022, a rumor suddenly spread secretly in Suichang County: At that party, Zhang Xiaobo and his master Ma Lifu "raped" the hotel proprietress.
20 years ago, a temporary township gathering
Caiyuan Township is named after it is located at the source of Cai River. In the mid-1990s, a township cadre built a new house at the bridgehead of the township street. The foundation of the new house was raised from the stream. The first floor was used as a restaurant, the second floor was used as a living room for the owner and his family, and the third floor was used as a guest room.
The new house is named "Honghong Hotel" and is managed by the township cadre's wife Mi Liang. Guests are charged 5 yuan per day per guest. The second day of the lunar calendar is the local market day, and villagers come from all directions. Mi Liang is very busy. She got up at 4 o'clock the night before to cook porridge or make dough to make steamed buns.
One day after the new millennium, several foreigners appeared in Qiaotou Hotel. Most of them came from Shilian Town, which is an hour and a half away by motorcycle, including: Zhang Xiaobo, Ma Lifu, Gong Mingde, Wu Yingqin, and Zhan Qiufa. The purpose of their trip was to "defeat the mountains."
Fanshan is the common name for the "forest contracting" business in Suichang County. Zhan Qiufa is a native of Caiyuan. He is responsible for introducing and connecting with the local forest owners in Caiyuan. He hopes to obtain the business of "cableway installation", that is, the installation of timber transportation ropeways, after the success of "Mountain Distribution". At that time, he asked Gong Mingde, a native of Shilian Town, to go to Baifengyang Natural Village in Guojialing, Caiyuan Township many times to "judge the mountains".
Before going to Caiyuan Township, Gong Mingde made an appointment with Wu Yingqin from the same town, and Wu Yingqin made an appointment with Ma Lifu and Zhang Xiaobo. Ma Lifu is a bus driver, responsible for the bus line from Shilian Town to Suichang County. The person who helps sell tickets is Zhang Xiaobo, an "apprentice" who is learning to drive.
This time the "mountain contracting" business failed to be negotiated, and the villagers of Baifengyang Natural Village chose to contract the mountain forest to local people. In the afternoon of that day, Ma Lifu, Gong Mingde and their entourage returned to the Honghong Hotel to gather. Gong Mingde paid for a newly slaughtered dog from the township and gave it to the proprietress Mi Liang to cook. Some people who participated in the meal recalled that they drank glutinous rice, egg wine or beer, "each person drank more than a pound."
Zhang Zhizhao is a native of Jiaotan Township. In the evening of that day, he was returning home from errands in Huangshayao Town and passed by the bridgehead of Caiyuan Township. Zhang Zhizhao was also the person who "launched the ropeway" and had a deposit of 8,000 yuan in his pocket at the time. He was invited to dinner by his acquaintances Ma Lifu and Gong Mingde. Later, someone proposed to play the local "28-bar" gambling.
At the beginning, Zhang Zhizhao was the winner. Gong Mingde couldn't sleep after losing. He was not convinced and asked Zhang Zhizhao to borrow gambling money to continue the game. In the end, Zhang Zhizhao lost all the 8,000 yuan in cash he had. He was extremely frustrated and left early the next morning.
20 years later, a "rape case" was investigated
A few years later, the Honghong Hotel changed its owner, and Mi Liang and her family moved to Caiyuan County.
In the second half of 2022, Zhang Zhizhao heard a sudden rumor in the local public that on that night that made him dejected, Ma Lifu and Zhang Xiaobo actually "bullied" the proprietress of Qiaotou Restaurant. But Zhang Zhizhao told investigators that he had never heard of this "rape case" before.
Mi Liang is now over 60 years old. In August and September of this year, investigators came to Mi Liang and asked if she had been "bullied" that year.
In the first month before investigators found her, Mi Liang denied it. In multiple recordings of evidence, Mi Liang said, “I don’t even remember this,” but investigators “asked them over and over again.” He described, “I chased Lishui (investigators) from Lishui to Songyang. I chased him as far as Songyang, and he could go there without telling me the address." She finally said that this happened.
public information shows that in August 2022, Zhang Xiaobo was investigated during the special rectification operation to “protect ecology and protect integrity” in the mineral resources field in Lishui, Zhejiang. Subsequently, on September 19, 2022, Lishui police received an anonymous report from the public regarding clues about Zhang Xiaobo. During the verification process, it was discovered that during the rainy season in March and April of the lunar calendar in 2002, Mi was raped by Zhang and Ma in the Honghong Hotel. .
Gong Mingde is the main person who reported the rape case. Gong Mingde initially said: After gambling that night, everyone went back to their rooms to sleep. At around 10 o'clock in the morning, he got up and washed up. At the stairwell of the second floor, he saw the proprietress Mi Liang carrying a hot water bottle upstairs. Ma Lifu blocked Mi Liang from letting her pass. He hugged Mi Liang and pushed her towards him and Zhang Xiaobo. Accommodation room drag.
Gong Mingde described that he saw Zhang Xiaobo in the room at that time. He was worried that something would happen to the boss's wife, and also considered that he had brought Zhang Xiaobo and Ma Lifu there. "It would be bad if something happened," so he grabbed Ma Lifu's hand to stop him, " But Ma Lifu kicked me and told me to mind my own business." Afterwards, the door closed.
Mi Liang said that the incident happened "around 8 or 9 pm" on the third floor. At that time, a guest on the third floor asked him to bring boiled water. After arriving on the third floor, she placed the hot water bottle in the room next to the balcony. There were two male guests in the room. As soon as she put the hot water bottle away, a man suddenly hugged her. She disagreed and struggled, but to no avail. Later, another man also bullied her.
Dispute: No witnesses, no one reported the crime, no objective evidence
The indictment issued by the People's Procuratorate of Longquan City, Zhejiang Province stated: One day in April 2000, the defendants Zhang Xiaobo, Ma Lifu, Gong Mingde, Wu Yingqin, and Zhan Qiufa went to Cai, Suichang County Yuanxiang negotiates mountain forest contracting matters. On that day, Zhang Xiaobo, Ma Lifu and others went to the Honghong Hotel run by the victim Mi Liang in Caiyuan Township for dinner. Zhang Xiaobo and Ma Lifu stayed in the balcony side room on the third floor of the hotel. That night, at Ma Lifu's request to deliver hot water to the third floor, Ma Lifu pulled Mi Liang into the room where the two of them were staying and closed the door. Ma Lifu and Zhang Xiaobo ignored Mi Liang's resistance and forced her to have sex one after another.
On June 3, 2024, the People's Court of Longquan City, Zhejiang Province issued the (2023) Zhejiang Xing 1181 Xingchu No. 161 Criminal Judgment. Ma Lifu was sentenced to ten years and three months in prison for the crime of rape at first instance; Zhang Xiaobo was sentenced to ten years and three months for the crime of rape. In the first instance, he was sentenced to ten years and six months in prison. In addition, Zhang Xiaobo also committed the crime of extortion, illegal mining and other crimes. He was punished for several crimes and was sentenced to 24 years and six months in prison.
▲Court Judgment
Regarding the crime of rape, Zhang Xiaobo objected to the alleged criminal facts and charges, arguing that he "did not have sexual relations with the victim." Malifu disputed the alleged criminal facts and charges, saying that it was true that he had sex with Mi, but the other party did not resist at the time. He also paid 50 yuan, and Zhang Xiaobo was not in the room at the time, and there were no two people. The fact that he had sexual relations with the victim one after another.
The verdict shows that Zhang Xiaobo’s first-instance defender argued that there was no objective evidence to prove that sexual relations took place in this case, nor was there objective evidence to prove that violence occurred or that the victim resisted, and the victim did not dare to resist or was unable to resist. ; The testimonies of the witnesses in the case, Gong Mingde and others, are not necessarily objective and cannot directly prove that Zhang Xiaobo raped the victim, and other witnesses in the case did not know about it. In addition, Zhang Xiaobo had no motive for rape. The crime took place in a hotel owned by the victim, and there were acquaintances nearby. It was difficult to commit rape and the risk of exposure was high.
Ma Lifu’s defender pointed out that the victim had the possibility of resisting calling for help instead of calling for help, and remained silent for more than 20 years afterwards. It is difficult to rule out the possibility of sexual relations under inducement; Ma Lifu and Zhang Xiaobo did not have the intention to commit a common crime, and the evidence was mutually exclusive. The contradictions cannot be confirmed by each other, and regardless of whether it constitutes rape, there is no "gang rape" plot.
According to information disclosed in the judgment and other documents, the verbal evidence of the two defendants, the victim and witnesses included various statements such as 1999, 2000, 2002, 2003, etc. regarding the year this case occurred. As for the specific time when this case occurred, various witnesses also expressed different opinions, such as sooner or later.
The People's Court of Longquan City held that the fact that this case occurred on a night in April 2000 and in a room on the third floor was mutually corroborated by the victim's statement, Ma Lifu's confession and the testimony of multiple witnesses. This case occurred more than 20 years ago. The defendant and relevant witnesses did not completely agree on the time and place of the incident, which is consistent with the rules of human memory.
Appeal and jurisdictional objection: Request to add criminal suspects
The first-instance criminal judgment showed that the victim Mi Liang in this case "could not identify the two men who raped her." In the criminal appeal, Zhang Xiaobo claimed that he was forced to make a false confession admitting rape.
▲Defendant Zhang Xiaobo
Multiple witnesses said that Zhang Xiaobo and Gong Mingde originally had a harmonious relationship, but in 2010, they became incompatible due to running for village cadres and other reasons. Zhang Xiaobo’s mother said that Gong Mingde had frequently reported Zhang Xiaobo in recent years.
Gong Mingde said that the rape case was not reported by him on his own initiative, but that investigators knew that "he was present at the incident" and that he "truthfully told what happened that day."
Judicial judgment shows that Lishui police pointed out to Gong Mingde that his statement was "different before and after." In this regard, Gong Mingde said, "I have carefully thought about some details during this period." "There is definitely rape." "I didn't see how Ma Lifu and Zhang Xiaobo raped them inside." "I heard about it afterwards." ".
Wu Yingqin, one of the witnesses in the case, communicated with Zhang Xiaobo’s family after the first-instance verdict of the case, saying that on the night of the incident, Zhang Xiaobo did not go upstairs at all. Zhang was always with him on the first floor of Honghong Hotel, and went up The people who went upstairs were Ma Lifu and Gong Mingde.
Red Star News learned that regarding the crime of rape, Zhang Xiaobo's family plans to submit an "Application for Additional Prosecution of Criminal Suspects" to the Lishui Intermediate People's Court, requesting the public security organs to additionally transfer the criminal suspect Gong Mingde who was omitted from the case for prosecution. The reason was that the facts in the first-instance verdict were unclear and the victim could not identify the perpetrator. However, at the pre-trial conference of the first instance, Ma Lifu once stated in court that the person in the room with him that night was none other than Gong Mingde.
Due to the lack of core physical evidence, the entire case was constructed from witness testimony. The truth of the case has become confusing.
At the same time, Zhang Xiaobo’s family filed another application for jurisdiction in another place. Because Zhang Xiaobo was convicted in the first instance of bribing Zhao Ping, the former deputy prosecutor of the Lishui City People's Procuratorate, the family believes that the prosecutor of the procuratorate has an interest in Zhang Xiaobo's bribery case, and relevant judicial organs and personnel should avoid handling the case.
Zhang Xiaobo appealed after receiving the first-instance verdict. The second-instance trial originally scheduled to be held at the Lishui Intermediate People's Court on October 29, 2024 has been postponed, and the court date has yet to be notified.
(Miliang and Honghong Hotel are pseudonyms in the article)
Red Star News reporter Liu Mumu is from Lishui, Zhejiang Intern Cheng Linxin
Editor Zhang Xun Editor-in-Chief Deng Haoguang
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