Legal Analysis Of Zhang Hui, Zhang Gaoping Nephew Rape Litigation Issues

With the progress of society and the economy continues to develop, China is also gradually improve the rule of law. But in recent years, with many miscarriages of justice has been exposed, we still have some problems in judicial practice, and need to improve in many places, such as how to improve the status of litigation lawyers, their role in the prevention of miscarriages of justice the role of the relevant legislation, such as whether or not detailed enough. This aroused the attention of the whole society and the government, particularly the incidence of miscarriages of justice, but also has been unprecedented attention. Recently, Politics and Law Committee, Supreme People’s Procuratorate and the Supreme People’s Court has issued opinions on the prevention of miscarriages of justice. Visible, how to better prevent miscarriages of justice is still the subject of discussion should focus on the judiciary. Of course, both the theory, practice or judicial departments have been studying the reasons for the occurrence of miscarriages of justice and prevention measures, and made some theoretical results, carried out some related reforms. New "Code of Criminal Procedure," The introduction of a manifestation of the perfection of the judicial system. This article is based in Zhejiang nephew Case by case studies reflect the problems, combined with China’s national conditions, analyze the causes of miscarriages of justice occur deeper. Make some constructive comments from all aspects of the reform, hoping to bring some enlightenment to our judicial system reform.The first part describes the Zhejiang nephew case after case on the grounds as well as referees, to the case as an example for the later start on the foundation. The second part is the combination of the case on the evidence of the conduct normative analysis, research how to regulate the behavior of evidence put forward to improve the crime of torture, and strengthen the protection of human rights in the process of forensic awareness, improve the quality of evidence, such as the main recommendations. The third part of the legislative standard criminal standard of proof in the case of interpretation, to explore whether the case has reached the standard of proof, proof from the proposed model and abandon the "confessions centrism" two aspects to strict criminal standard of proof. The fourth part is the study of the principles of criminal mystery, analysis and processing method of the case, the final proposal put forward to prevent injustice from the public security, lawyers, social three angles.