The Application Of Restorative Justice In The Case Of Battered Women 's Syndrome

The criminal groups of “Battered woman syndrome” have special psychologicalcharacteristics and behavior patterns. The cases, the battered women who kill theirhusbands, have received extensive attention, in which due to the special criminalreasons and the severity criminal consequences made the cases become totallycomplicated and embarrassing. Usually, this is of a lasting battle of "emotion" and"law". In recent years, it is cannot be ignored by the high incidence of cases andproportion of female crime in our country. At the same time the consciousness ofmaintaining feminist has risen gradually which also raise the invisible pressure of thejudicial organs when dealing with this kind of cases. For more and more peoplecalling for lighter punishment about battered women cases so as to find an export tomaking the sentence reasonable. Recent years,“Restorative Justice” has graduallyrising up in the judicial activity in our country. Because of its original intention ofobserving human rights, and the penalty principle of reprieve, it gets the favor oftheoretical and practical circles. At the same time, it offers a new way to deal withsuch cases.The first chapter mainly explains the concept of “battered woman syndrome”.Starting from a case that a battered woman who killed her husband in2013, in whichis to illustrate the reason and the consequences for the concrete behavior of batteredwomen. It introduces the concept of "battered woman syndrome", and the judicialpractice about the experts’ testimony being used as evidence, which is one of thesituations of justifiable defense. And the paper also explains why not use this methodto handle such cases in China.The second chapter mainly expounds the concept of “restorative justice”. Firstlythe paper makes an exposition on the concept of restorative justice. Secondly itintroduces the applicable mode and applicable situation. Thirdly it lists a part of thestatistics information. It sets the stage for the later development.The third chapter mainly discusses the application about the “restorative justice”on the special populations of “battered woman syndrome”. The argument starts fromillustrating the rationality of the application about restorative justice on the batteredwoman’s case as a felony. It makes up with the idea that to use the restorative justiceon the basis of commutation, probation and parole could meet the laws, and explainsthe necessity and possibility of the application. In the end, the paper puts forward the specific ideas such as application about criminal reconciliation and communitycorrection. And the paper provides detailed suggestions for reference to solve thiskind of crime.