Analysis On The Rape Case Of Zhang Gaoping And Zhang Hui

Rape means against her will, by violence, coercion or other means, forcedintercourse occurred, or dissatisfaction with the behavior of14years of age to havesex with young girls. Rape violate sexual violation of women or young girls of theinviolability of physical and mental health. Zhang Gaoping, Zhang Hui rape sparkedwidespread controversy. Zhang Gaoping, Zhang Hui rape case there are twocontroversial: One focus was whether the defendant constitute rape, the other one wasYuan lianfang’s testimony as a decision based on whether. To identify Zhang Gaoping,Zhang Hui would constitute an offense, should be analyzed from the objective aspectof the crime of rape. The main evidence against the defendant in this case to prove theexistence of rape that the defendant’s confession of guilt, the defendant’s confessionto be a decision based on the evidence you should review the legality of the legality ofthe confession must be determined according to the exclusionary rule to determinewhether evidence of illegal words.<Criminal Procedure Law>clearly states that thedefendant obtained by torture and other illegal methods court shall exclude theconfession, not as a final decision in accordance with. Ability to identify YuanLianfang testimony as evidence finalized, should first evidence Yuan Lianfangtestimony from qualified to judge, prison is the public security organs in theinvestigation of a secret investigative techniques, special intelligence officersreceived intelligence of the public security organs can only be identified clues tosolve the case, but by converting certain procedures can also be used as a publicevidence. Secondly, should the testimony of probative force Yuan Lianfang to analyze,from a source of evidence to determine Yuan Lianfang hearsay testimony, andcomprehensive analysis of the whole case Yuan Lianfang testimony are solitary card,solitary card is not finalized, so Yuan Lianfang testimony can not be finalized as thecase according to. Analysis of the case the focus of controversy, capable of activitiesof a criminal trial for illegal evidence exclusion rules exist to understand and faceprison surveillance of cases handled special circumstances officers testified helpful.