Legal Analysis Of Zhang Gaoping,Zhang Hui Rape Case

On March 26,2013, at Qiaosi prison in Zhejiang province, uncle Zhang Gaoping and his nephew Zhang Hui who charged with raping a girl were finally acquitted. From May 23,2003 two people were taken compulsory measures in accordance with the law to they were acquitted, they have spent nearly 10 years within the prison. Hangzhou Intermediate people’s Court sentenced Zhang Hui to death, Zhang Gaoping was sentenced to imprisonment for life. They appeal against the sentence. Zhejiang high people’s court commuted Zhang Gaoping from life imprisonment for life to imprisonment for 15 years, Zhang Hui was commuted from death to death with a two-year reprieve. In this case, the defendant’s confession have obvious contradiction, there was evidence of innocence, the police collected evidence illegally, the evidence presented by the prosecution was so weak that the court shall dismissed rape charges against they. However, the court did not abide by the principle of presumption of innocence, according to the suspected crime, sentenced they were guilty.Zhang Gaoping and Zhang Hui had been put in prison for nearly ten years by a wrong judgment, this paper expresses the theme that life is precious and human rights is crucial to the constitutional state.Part 1:Introduced the case and the previous judgment in detail. Analysis the problems of the case, come up with two arguments:first, there is illegal behavior in the investigation, the police can’t prove the confession is legal. The confession obtained by violence, threat, or other illegal means shall be excluded; second, the DNA evidence prove that the evidences to prove guilt aren’t sufficient, the competency of the DNA evidence in this case.Part 2:Analysis the arguments and how to do with the doubtful case.Part3:Based on the analysis of the arguments, come up with that how to perfect the excluding rule for criminal illegal testimonial evidence, the practice and legislative proposal of the expert opinion especially the expert opinion on DNA, and implement the suspecting a crime without being accused seriously.