On Zhang’s Alleged Rape Case

Rape is a common crime in China,which has serious harm to women’s physical and mental health as well as social stability.It has always been the key target of China’s legislation and judicial practice.The central distinguishing feature of the crime is whether the perpetrator had sex with a woman against her will.According to related records,rape case differ in thousands ways,most of the time the offender pleaded not guilty,but the judicial authorities believed murdered women in each statement and determine the offender guilty,was not careful analysis the details of the time the crime was committed,such as time,place,person behavior when the crime happened compulsory degree,resistance behavior of women and psychological characteristics,etc.,so as to create conditions for the generation of huge.Therefore,it is of great significance to study and discuss whether the perpetrator goes against the will of women in order to accurately crack down on crimes and prevent unjust,false and wrong cases.The first part of this paper introduces the basic facts of the case,on whether the victim is willing to have sexual relations with Zhang launched a crime and non-crime debate,leading to the focus of this case,that is,whether Zhang violated the will of the victim.The second part,carries on the related legal theory analysis.This paper mainly discusses the concept and essential characteristics of rape crime,women’s sexual cognition ability,the degree of compulsion of behavior and women’s resistance.The third part,based on the legal theory analysis of the previous part,combined with the elimination of reasonable doubtconnotation,carried out a comprehensive analysis and demonstration of the case,and finally put forward the author’s own views.The fourth part summarizes the analysis content and main viewpoints of this paper,and proposes that in order to determine whether the rape crime is established,in addition to judging whether the perpetrator’s behavior really goes against the will of women,the objective facts should be respected,and the judicial principle of "never guilty without doubt" should be implemented,and efforts should be made to prevent unjust,false and wrong cases.