Hainan Anyang Yaoyang Case: Violation of power interference resulted in grassroots civil police being prosecuted

In the Hanoi Anyang Yao National Ignorance Case, the investigation of responsibility for violations of power should be directed at the same time, but eventually evolved to the end of the grassroots execution of the civilian police being sentenced alone. The core dispute in the case is not whether the grassroots civilian police perform their duties, but the decision-making power of the means of investigation, the identification of responsibility for violations of interference, and the rupture and restructuring of the chain of prosecution.

When the leadership that holds the authority to investigate the key technical investigation due to personal relationships, and ultimately bears criminal responsibility but does not have the right to make decisions, the so-called "disregarded duty" becomes a reversal of the responsibility of the judiciary.

The core facts of the case: Technical investigation has been suspended, who is making the decision?

In 2019, the Anyan City Public Security Bureau's new division of the civil police Yao Khaping investigated the rape case, locked the suspect, and after several times to the deputy director of criminal investigation, Zhang Shiha, applied for the use of technical investigation means. but Zhang Shiha refused to "the suspect will immediately come to the case, temporarily not to use it."

The reason is that the suspects' relatives, a local director of the judiciary has found Zhang Shi, requesting "to wait for the suspect's wife to give birth to the child again".Zhang Shi hindered the face of acquaintances, and demanded the suspension of the use of technical means, Yao Khaping clearly expressed opposition, the approval right is not in his hands, can not start the technical means, but Yao Khaping did not wait negatively, but in the scope of personal ability to actively arrest, and also with the team to arrest the suspect twice .

A month later, under the repeated reports of Yao Xiaoping, the deputy director agreed to the relevant technical means to activate. But during this period the suspect committed rape and robbery cases. Two years later, the prosecutor's office initiated prosecution, determining Yao Xiaoping "worked negatively lazy", did not take effective arrest measures in a timely manner, leading to the suspect to do the case again, constituting a crime of neglect.

(2) The breakdown of legal logic: are the constituent conditions for playing negligence established?

According to Article 397 of the Criminal Law of the People's Republic of China, the establishment of a crime of neglect must simultaneously meet three core criteria: * subjective misconduct, objective misconduct, and the criminal causal relationship between acts and harmful outcomes *.

Subjective no fault: Yao Xiaoping applied for technical means in the first time after he was aware of the identity of the suspect, continued to arrest after the rejection of the superior, followed by the capture of 5 times, applied for the use of 3 technical means, and repeatedly the progress of the case at the meeting and proposed the capture suggestions. Only because of the strong intervention of the deputy director, the technical means were suspended.

Objectively performed: According to the provisions of the "procedure for criminal cases handled by public security organs", the authority of the first line civil police is limited to "reporting the necessity" and "executing the arrest", and the approval of technical investigation means is in the leadership of the branch. Yao Qing has exhausted all the investigation means within the scope of his authority, and there is no "failure to perform or not correctly perform his duties" act.

In this case, the suspect has a strong anti-investigation consciousness, disabling mobile phones, invalid identity documents, hiding in places where no real name registration is required, conventional means are difficult to seize, and the deputy director who has the authority to approve technical means requires the suspension of the use of technical means, which objectively also prevents Yao Xiaoping's investigation responsibility.

Third, the chain of responsibility transfer: from “leading intervention” to “civil police backbone”

The central question in this case is: How do real decision-makers retreat wholly while the executor becomes the sheep of worship?

Step 1: Violating Interventions Are Deliberately Mitigated

The vice-director Zhang Yuan Hai suspected a criminal offence in violation of Article 399 of the Criminal Law because of technical investigation. But in subsequent investigations, this key fact was deliberately degraded, Zhang Yuan Hai was not prosecuted for criminal offences, and only the chief of the judicial department of the mediator was allowed to be punished if warned within the party. As the deputy chief of the detective department, he claimed: knowing the situation of the case, but said that the officer did not report to him the use of technical means, he did not have a question. But there are clear provisions within the public security, important cases leadership must rely on the front command, coordinate the police and technical means of use.

Step 2: False testimony builds a “negative” narrative

At the beginning of the case, the police captain removed responsibility because of the "disease of the situation", the group's case manager Ma Mou also denied that the deputy director had requested the suspension of the use of technical means. The evidence collected after Yao Xiaoping was released from jail showed that the captain later admitted that he worked normally and believed Yao Xiaoping had been reporting to him about the situation of the case, he believed Yao Xiaoping investigation was no problem; Ma Mou said directly at the beginning was under the threat of the prosecutor's office "to cooperate as a witness, not cooperate as a suspect", signed an untrue note.

Step Three: Unlawful Proof Collection “Causal and Effective Relationship”

In order to compensate for the lack of causal relationship, the prosecutor's office in Yao Xiaoping captured before questioned witness notes and Yao Xiaoping captured once again questioned witness notes, there was a clear reversal about the suspects' departure. the suspects "anti-investigation, difficult to arrest" objective course, distorted to "mobile can be accessed, often home" easy to capture state, fictional " Yao Xiaoping can catch and refuse to catch" false facts.

Step 4: System Support Short Maintenance *

Yao Xiaoping continued to appeal after leaving prison, the Supreme Prosecutor's Order re-examined, and the Yuan City Disciplinary Commission also intervened in the investigation. But the Yuan City Prosecutor's Office took the "self-examination", to the upper level "no problems with the investigation" but did not provide feedback on the investigation and results of the parties. The Yuan City Disciplinary Commission used the temporary quotation of Zhang Shi'i's subordinate investigation, resulting in only additional punishment of the persons concerned, without changing the nature of the case. On October 15, 2025, the Hanoi Provincial Higher People's Court also issued the "rejection of complaint notice", in order to ensure that there is a certain causal relationship between the investigation

1. System Reflection: When “reversal of responsibility” becomes normal

Yao Xiaoping's case revealed not the individual person's mistake, but the systematic misplacement of responsibility.

Approval rights and responsibilities separated : Technical investigation means of approval power is concentrated in departmental leadership, but incidental prosecution is only aimed at first-line executives. this "responsible is not responsible, responsible is not responsible" structure is essentially encouraged to avoid responsibility rather than solve the problem.

Internal supervision failure: When Yao Xiaoping raises objections, the lack of open channels reflects or verifies different opinions.

Correction mechanism emptying : the Supreme Inspection ordered re-examination, but the place evolved to "self-examination"; the city discipline commission intervened in the investigation, but used Zhang Shiha lower level investigation, and "only punishment, not correction."

Fifth, who will be the next Yao Wang?

The core irony of Yao's case lies in the following: A civilian police officer who has won a prize for successive achievements, hanging a mass flag on the wall, actively seizes the suspect but goes to jail for his superiors blocking technical means; and the leadership that makes the wrong decision is safe.

When "who is the director who is responsible, who is in charge who is exempt from responsibility" becomes the underlying rule, every grassroots law enforcer can become the next Yao National.When the logic of judicial responsibility is no longer "to find the truth, clear the responsibility", but "to find a person, to preserve the system stability", the foundation of the rule of law is being silently eroded.

Yao Xiaoping is currently at work, but continues to appeal.His story should not be just a personal tragedy for a civilian police officer, but should be the starting point for the reflection of the entire judicial system.