Chapter 8 Chapter 2: The Wicked Rule the Village——4 Where Are You The Fourth Power

The development of the situation in the future is more and more beyond the surprise of the villagers of Xiaozhangzhuang. The village sent people to threaten the family members of the victim and the witnesses at the scene not to "speech nonsense." The county cable TV station and the provincial newspapers called the incident a "wrongful killing" or a "mutual beating" among fools. In fact, they are not legally binding.Even the villagers of Xiaozhangzhuang, who don't know much about the law, know that only what the people's procuratorate and the people's court say really counts.The strange thing is that after the case entered the legal process, the law enforcement agencies did not fully act according to the law, and the local national court was reduced to a local court representing special local interests. This made the villagers of Xiaozhangzhuang feel real terror and despair. .

The Intermediate People's Court of Bengbu City held a trial for this case, and had no intention of notifying the victim in advance. Hearing the news that the trial was going to be held, the legal representative of the victim didn't even have time to find a lawyer. Zhang Jiayu, a village representative with 25 years of party experience, pledged his party membership. He said that no one from the procuratorate had entered the village from the beginning to the end. No one knows what facts are written in the "Indictment".Relatives of the deceased and witnesses at the scene heard from the "gossip" that the court was about to be held, and when they rushed there in a hurry, they were only allowed to "listen" with one ear, and had no right to speak. As the defendant, Zhang Guiquan and his son could actually whisper in court , This turned the face of the victim's relatives blue with anger.

When the verdict was announced publicly, the relatives of the victim were also not officially notified. They only found out after hearing the news that Zhang Guiquan, who was the mastermind and commander of the murder, and Zhang Jiazhi, who killed Zhang Guiyue, were sentenced to death; Zhang Yuliang was only sentenced to life imprisonment, which obviously lacks justice.This judgment can be said to have achieved Zhang Guiquan's goal of "the crime of counting sons should be borne by one son". The relatives of the deceased strongly demanded to see the court's "judgment", but the court refused to give it;

Zhang Jiayu, a senior high school graduate of Guzhen No. 1 Middle School, is the one who reads the most among the village representatives in Xiaozhangzhuang. He found the "Criminal Procedure Law" promulgated by the state to study, and found that Article 182 of this law was written in black and white. : "If the legal representative of the victim refuses to accept the first-instance judgment of the local people's court at all levels, he has the right to request the people's procuratorate to file a protest within five days after receiving the judgment." According to this national law, the Bengbu Intermediate People's Court has no reason not to Deliver the judgment to the family members of the victim and their legal representatives.Deprivation of this legal right of the victim and his legal representative cannot be clearly explained by the word "neglect".

So the relatives of the victim went to the Higher People's Court of Anhui Province.In the Provincial High Court, they finally obtained the "Indictment" issued by the Bengbu City Procuratorate in "Bengjian Xingsu [1998] No. 21". I don't know if I don't see it, it's amazing to see it: From the cause of the case "revealed" in the "Indictment", you have no way of knowing that the murdered Zhang Guiyu and others are villagers' representatives responsible for clearing accounts. They are exercising the democratic rights granted by the 87 farmers in Xiaozhangzhuang ; and the vicious Zhang Guiquan premeditated to carry out very cruel revenge on the villagers' representatives; let alone the fact that the villagers were overwhelmed and the village cadres' attempt to cover up their crimes was the most direct cause of this tragedy.The instigator was Zhang Jie, and Zhang Leyi was the one who intensified the conflict. However, after the "Indictment" stated that the villager representative Zhang Guiyu's wife Wei Surong said something that was not too much, it then came to a conclusion: "This caused the two sides to scold each other", which seems to be the main responsibility for causing the incident. In Wei Surong.What's more, the "Indictment" didn't even have an "examination statement". What kind of "account" did Zhang Guiquan's two sons, who were not originally part of the account settlement team, follow Lao Tzu to "calculate"?And this is the crux of the case, but it was covered up. The content of the "both parties scolding each other" is not mentioned at all, and the "fact" that the "fighting" process was "found out" is actually: the first to pick up the murder weapon was the village representative Zhang Guiyu and his wife Wei Surong; Village representative Zhang Guiyu and village representative Zhang Hongchuan; the murderous Zhang Jiazhi seems to be just because he found that Zhang Guimao and Zhang Hongchuan were "preparing" with umbrellas and bricks (the word "preparation" is wonderful!) to beat his father Zhang Guiquan He only used the knife when he was alone; later it was discovered that Zhang Guimao was "pressing on Zhang Leyi", and Zhang Jiazhi "directed to" (the word "directly" is also painstaking!) Zhang Guimao did it; and the murderer who was crushed under him The murderer Zhang Leyi launched the attack "after getting up" (the three characters "after getting up" can be described as well-intentioned!)!

In short, the first to "cause the two sides to scold each other" was either the village representatives or the family members of the villagers' representatives who were the first to use the murder weapon and the first to attack. "The review showed" that Zhang Xiaosong, the son of Zhang Guiyu, was injured, which was even more "interesting": "Zhang Yuliang took the wooden stick from Zhang Guiyu's hand and hit Zhang Xiaosong once."The murderer Zhang Yuliang just "hit" Zhang Xiaosong "once" with a wooden stick, and the "stick" was "taken" from Zhang Xiaosong's father.As everyone knows, the "hit" by the "wooden stick" left Zhang Xiaosong with a knife wound 65mm long and 20mm deep on Zhang Xiaosong's right arm, and he was hospitalized for a month. It took a long time for the wound to heal. The "Democracy and Legal System" magazine later published the photo of Zhang Xiaosong being severely injured, which did not give this "Indictment" any face.

The Bengbu City Procuratorate prosecuted Zhang Guiquan and his son on the charge of "suspected intentional injury (death)", which fundamentally changed the nature of this serious homicide case.Because "crime of injury" refers to the act of harming the health of others; and "crime of homicide" is the act of illegally depriving the life of others.Even judging from the facts of the "forensic medical examination" provided in the "Indictment", Zhang Hongchuan died of sudden (should be 'sexual' - the author's mistake) massive hemorrhage due to "a single-edged stab wound to the chest to the rupture of the aorta of the heart. "; Zhang Guimao died of acute massive hemorrhage caused by "single-edged needle stabbing from the left back to left lung rupture"; Injured the left chest to the rupture of the left lung, causing acute massive hemorrhage and death.”It is very obvious that all the murderers used murder weapons to stab their hearts out!Zhang Xiaosong, who was spared from death, was also because he dodged the kitchen knife that was slashed directly at the head, and the slash hit his left shoulder.

It didn't take five minutes before and after such a cruel situation of four deaths and one injury. How could it be concluded that these murderers were "behaviors that harmed the health of others"?According to such "censorship", is there still "homicide" in the world? Zhang Guiquan's creepy scream on that cold and humid morning made all the witnesses present never forget: "Get rid of me! Kill all twelve representatives who want to settle my account!" This is the "Prosecution" Book" should not be missed or dare not face up to the beastly howl.

The irony is that the Bengbu City Procuratorate did not prosecute Zhang Guiquan for "homicide", but after hearing the verdict, Zhang Guiquan scolded the judges in court, declaring that after his son was released from prison, he would kill these judges!The murderer's arrogance is so arrogant, I don't know how the prosecutor and the acting prosecutor whose name is listed in the "Indictment" feel? Huan Kuan of the Han Dynasty once pointed out in "Salt and Iron Theory": "The world does not suffer from lawlessness, but the law that does not have to be followed." It means that a society is not worried about the absence of laws, but the lack of firmly enforced laws.It cannot be enacted, and the consequences of not enforcing the law will be disastrous!

We usually refer to the legal supervision power outside the party, the government, and the military as the "fourth power" because it is an important force for realizing social fairness and justice.However, to this day, in many places, what determines the success or failure of a lawsuit is still not the merits of the case; the authority of the sacred and inviolable law has not yet been established; independent handling of cases is often only a promise written on paper.Between our life and the law, there is sometimes a more powerful force at work, making many laws just a seductive good wish.

In order to prevent villagers from Xiaozhangzhuang from going to Beijing to appeal, Guzhen Railway Station even severely questioned farmers who bought Beijing train tickets.Even two farmers on the outskirts of the city just went to Beijing to see relatives and see a doctor, but they were rejected. The two explained well, and finally confirmed that they were not farmers from Tangnan Township, and it was indeed not for appealing, so they were able to buy a ticket and get on the bus. The blockade is obviously stupid, and it is also limited; the world is so big, how can it be banned all at once.The massacre in Xiaozhang Village, Tangnan Township, Guzhen County, finally spread like wildfire, attracting widespread media attention from all over the country. The first to rush to the scene to interview was still a reporter from the Anhui Branch of Xinhua News Agency.After the interview, reporters Li Renhu and Ge Renjiang wrote a news report titled "The cadres in Zhangqiao Village amassed so much money, it's a burden on two accounts".Although there was no mention of the "Xiaozhangzhuang tragedy" that happened in Zhangqiao Village, and there were not even many author's subjective comments in the article, but this news report that was forwarded to the whole country was like "a ding jie ox". The knife cut the flesh, and exposed the background of the murder case in Xiaozhangzhuang naked in front of the Chinese people.Its narrative style is very similar to CCTV's "Focus Interview"-let the facts speak. A large number of facts show that the boundary set by the central government for whether it constitutes a "peasant burden" is: "three mentions and five reunifications" are not allowed to exceed 5% of the per capita net income of the previous year, and here it has clearly reached 19%. Eight, close to four times the national regulations!What's more serious is that they are obviously stealing and plundering, but they have to play the trick of deception: one burdens two books.The vileness of its methods can be seen!The most wonderful stroke of his article is the account of the difference between the rich and the poor of the villagers and village cadres. This is a wonderful picture, which reveals many deep-seated problems with the finishing touch. Then the reporter of "Business Herald" also stood up and published the article "Zhang Guiquan killed four people in vain". A line of eye-catching notice was marked before the article: "Before the sentence expired, he was also a village cadre; he had ghosts in his heart and opposed the audit of the accounts; in broad daylight, he went crazy and killed four village representatives who were auditing the accounts." Hit the nail on the head! There is only one point that needs to be corrected: four people were indeed killed in vain, but there were only three village representatives who checked the accounts, and the other person, Zhang Guiyue, was the elder brother of village representative Zhang Guiyu. Immediately afterwards, the "Commerce and Industry Wenhui Po" also disclosed the real situation of "a serious murder in Guzhen" in a prominent position on the first page. The truth of the "Little Zhangzhuang tragedy" that had been strictly covered up was finally pried away, and a few rays of warm sunshine shot in.The myth that the Guzhen County Party Committee and the Bengbu Municipal Party Committee single-handedly overwhelmed the sky has been shattered! At around 2:00 pm on June 15 of this year, four CCTV reporters rushed to Xiaozhangzhuang, far away from the road, under the scorching sun and carrying heavy camera equipment.They made the decision to conduct this interview after seeing the telegram that Xinhua News Agency forwarded across the country.After entering the village, they began random interviews and videos. The reporter first walked into the home of villager Huang Zixian and asked Huang: "Is your burden heavy?" Huang Zixian obviously had concerns and hesitated for a long time before saying, "It's really heavy." Then he found out the "Farmer's Burden Supervision Card" issued by the village and the white notes issued by the village group and showed them to the reporter. The reporter asked to see Zhang Jiayu, the village representative, who was working in the field, and Zhang Jiayu was called back to the village.Zhang Jiayu not only told the truth about Xiao Zhangzhuang's "one burden of two accounts", but also talked about the incident of Zhang Guiquan and his son killing four people and beheading one because of the investigation of the corruption accounts of Zhang Guiquan's deputy village chief. Later, the reporter asked Zhang Jiayu to lead the way, and they interviewed the two orphans who were killed on behalf of Zhang Guimao and Zhang Hongchuan. Finally, the reporter asked Zhang Jiayu to take them to Zhangdianfeng's house to interview the village party secretary.However, the secretary was not at home at the time, so he decided to interview the secretary's wife, Chen Yunxia.Unexpectedly, Chen Yunxia's attitude was very bad. First, he turned the reporter away, then locked the door, and Guan Zi walked away with a hoe on his shoulder.The reporter didn't mind, and the camera in his hand didn't let go of this rare shot, and kept following her back until he couldn't see her. Just as the reporters were about to leave, they found Zhang Dianfeng pushing his bicycle and came home. From a distance, he saw a group of villagers shouting at him, and someone carrying a video camera was already facing him. Feeling bad, he turned around and wanted to run away. , maybe felt that this was too embarrassing, ran a few steps and turned back. The reporter went up to him and asked, "Are you the secretary of this village?" "yes." "Can we ask you some questions?" Zhang Dianfeng obviously adjusted his mood: "Okay, let's talk at home." He answered very frankly.But when I got to the door of the house, I noticed that there was a lock on the door, and the key was taken away by my wife, which was very embarrassing. The reporter then conducted an interview at the door: "Are all the accounts of your village open?" Zhang Dianfeng interfaced and said: "Open, all open. Nissin monthly settlement. Every month on the fifth day of the month, the list will be announced." The reporter asked: "Where are all the lists posted?" Zhang followed up and said, "All three natural villages are posted." The reporter kept staring at them, and asked, "Did you see where they were posted?" Said: "I didn't see it, I made arrangements anyway." The reporter showed some sense of humor, and was about to ask another question, when the surrounding villagers couldn't help laughing when they saw Zhang Dianfeng talking nonsense with his eyes open.Amidst the laughter, someone yelled loudly: "The secretary is talking nonsense!" Zhang Dianfeng's face suddenly changed, and he stared angrily at the villagers present. Zhang Jiayu, the village representative, stood up at this moment. In front of Zhang Dianfeng, she walked towards the camera lens without fear, and said truthfully: "Our little Zhangzhuang has never seen any public accounts posted!" Zhang Dianfeng gritted his teeth when he heard this. He pointed at Zhang Jiayu and said, "Are you, Zhang Jiayu, a Communist? You are dereliction of duty! You can't see the post, it's not dereliction of duty or anything!" In Zhangdianfeng's view, every Communist Party member in the village must unconditionally maintain a high degree of consistency with him, the village party secretary, otherwise, he is incompetent. On the day when CCTV came, it was already more than two o'clock in the night. A leader of Tangnan Township even called the village secretary Zhang Dianfeng's house and asked who the reporter interviewed after entering the village.What did you investigate?Did anyone say anything about the murder of the village representative who cleared the accounts? It's like facing a big enemy. Early in the morning of the third day, Zhang Fengzhi, director of the village committee, jumped out and started cursing.The illiterate director shouted through the loudspeaker of the village broadcast: "A certain Communist Party member hired a few stinky reporters to interview them, saying that what we did was fake; they also brought in a central 'focus interview' reporter, 'Focus Interview' not 'focus interview', I think this is some people booing! I want you to boo well below, and when it is found out, you will have to be punished!" He turned up the volume of the radio speakers, and his voice was Bigger, blah blah blah blah blah, deafening.The villagers just woke up from their sleep, listening to such an illiterate "village head" barking his teeth and claws on the radio, they really don't know who owns Xiaozhangzhuang. On the evening of June 20, CCTV "exposed" the problem of the overburden of farmers in Xiaozhangzhuang in the column of "Social Latitude and Longitude", which had an impact nationwide.Almost on the front foot, "Southern Weekend" also took out a whole page on the front page, directly attacking the Xiaozhangzhuang tragedy, and published a long report by reporter Zhu Qiang: "Five Fathers and Sons Dominate Xiaozhangzhuang in Gu Town, Four Villagers Check Accounts Accidents of Murder".In addition, comments and comics are distributed with pictures and texts. The author of the comics, Fang Tang, draws in a simple and spicy way: a leader of the village committee, after drinking and eating, steps from the desk with the wine bottle in arrogance to panic. On the heads and bodies of the villagers who worshiped him, clouds were spewing out of their mouths like chimneys.The review article was written by Dang Guoyin, Institute of Rural Development, Chinese Academy of Social Sciences. His shock and indignation were vividly expressed on the paper: "We have a central government that has signed the International Convention on Human Rights, and we are in a civilized age after all. How can we tolerate evil? The power is rampant!" However, he pointed out: "Sanctions must be imposed on all village cadres who violate the central policy and state regulations. This is of course necessary and will have certain effects, but this is only a temporary solution. To solve the problem above all, it is necessary to make farmers rich and have the ability to organize themselves, and to give farmers’ organizations legal status, so that farmers have the power to resist the rural power class.” During this period, three reporters Zheng Su, Fu Dian and Cheng Yuan from the "Democracy and Legal System" magazine also went deep into Xiaozhangzhuang from the unique perspective of "democracy" and "legal system". On-the-spot documentary reports appeared in the periodical.The title is very plain: "Village Representatives Are Tragedy in Checking Accounts", but the article is written in detail and fascinating, with many eloquent pens and warning sentences.To the surprise and inconceivability of the three people, until the time of their interview, the bloody murder weapon used by Zhang Leyi, who had fled outside, was still lying quietly in the drawer of the office of Lijian Village Hospital, and no one cared about it. .It was they who showed the shocking photo to the world. With the successive intervention of various news media, especially the rounds of bombing by several influential newspapers and magazines across the country, the truth that the village representatives in Xiaozhangzhuang were brutally killed for exercising their democratic rights could no longer be concealed, and things gradually became more and more serious. There is a turning point. People first saw that Tangnan Township government sent people to take Zhang Hongchuan's two orphans to the nursing home in the village. Then, on the fifth day of the fifth lunar month of this year, the Dragon Boat Festival, the Guzhen county government arranged for a 100 yuan condolence payment to each of the victims. During the busy harvest season at noon, several comrades from the Guzhen County Party Committee came down to help several victims' families harvest wheat.They worked from the morning until one o'clock in the afternoon, and did not eat a mouthful of food or drink a bowl of water from the peasants. This made the families of the victims feel a little bit of warmth from the party and the government. On September 8, 1998, the Higher People's Court of Anhui Province issued a final ruling on the case of Zhang Guiquan and his son.The “facts” “ascertained in the trial” in the “Ruling” of the final trial are actually not much different from the “facts” that were originally “examined” in the “Indictment” of the Bengbu City Procuratorate. The rule of law in China produces disappointment. However, one thing should be affirmed, that is, the Provincial Higher Court finally ruled that Zhang Guiquan and his son "do not have a defense problem" and are not "injury (death) crime"; constitutes the crime of intentional homicide”; “the subjective intention of intentional homicide is clear, and the claim that there is no reason for homicide intention has no factual basis and cannot be accepted”. This made the eighty-seven farmers in Xiaozhangzhuang, who had been very disappointed, finally feel a little relieved.