Why did the woman who reported Qian Feng for rape choose to expose it online instead of reporting it to the police?
[4] Compiled from: Red Star News
Case review
[3] Yesterday, a netizen with the username "Xiaoyi hopes the bad guys are punished" (real name Xiao Mou) posted online claiming that she was raped in 2019 by Qian Feng, a well-known host of Hunan TV. She stated that she possesses complete evidence including audio and video recordings, but when she went to the police station, she was informed that the case could not be filed. After two years of suffering, she finally gathered the courage to make it public, hoping to bring Qian Feng to justice. This statement sparked widespread discussion online. Hunan TV immediately announced that it would actively cooperate with the investigation and suspend all of Qian Feng's work until the investigation results are released.
[4] Meanwhile, Shanghai police quickly launched an investigation and released a police report that same evening. The special task force concluded that the existing evidence could not prove that Qian Feng committed the crime of rape. Additionally, on March 15, 2019, the Changning police had already decided not to file the case, delivering the "Notice of Non-Filing of Case" directly to Xiao Mou and informing her that she could apply for a review with the public security bureau within seven days of receiving the notice. Xiao Mou did not raise any objections, signed to confirm receipt, and did not apply for a review afterward.
[5] Provisions on the Procedures for Handling Criminal Cases by Public Security Organs
Article 178
After accepting a case, if upon review the public security organ finds that a crime exists requiring criminal liability and falls within its jurisdiction, it shall file the case upon approval by the responsible person of the public security organ at or above the county level; if it finds that no crime exists, or the crime is so minor that criminal liability is not required, or there are other circumstances where criminal liability is not pursued according to law, it shall not file the case upon approval by the responsible person of the public security organ at or above the county level.
For a case with a complainant, if a decision is made not to file the case, the public security organ shall produce a notice of non-filing and deliver it to the complainant within three days.
If new facts or evidence are discovered after the decision not to file the case, or if the original determination of facts is found to be erroneous and criminal liability needs to be pursued, the case shall be promptly filed and handled.
Article 179
If a complainant disagrees with the decision not to file the case, they may apply for reconsideration to the public security organ that made the decision within seven days after receiving the notice of non-filing; the public security organ shall make a decision within thirty days after receiving the reconsideration application and deliver the decision document to the complainant.
[1] If a complainant is dissatisfied with the reconsideration decision on the case not being filed, they may apply for a review to the public security organ at the next higher level within seven days of receiving the reconsideration decision; the higher-level public security organ shall make a decision within thirty days of receiving the review application. If the higher-level public security organ revokes the decision not to file the case, the lower-level public security organ shall implement it.
[2] If the case is major or complex, the public security organ may extend the time limit for reconsideration or review, but the extension shall not exceed thirty days, and the applicant shall be notified in writing.
[1] The author's perspective
[3] It must be said that this year has seen many scandals in the entertainment industry, with one artist after another being exposed for illegal acts. Central media and major associations in the entertainment circle have also issued statements boycotting problematic artists. Previously, when Wu Yifan's rape case went from "innocent and sending lawyer's letters" to "suspected of crime and formally arrested," I already wrote an analysis. This time, we won't analyze the rape charge but instead focus on another legal point—non-filing of a case.