Butcher Light Punishment On Women's Behavior Battered

"Ban domestic violence" is one of the important content in "marriage law", but domestic violence is still there. Some battered women unbearable husband abused for a long time, finally choose to kill their husband.As there are no special law regulation in such cases. In practice, battered women are taken for Intentional homicide. But this kind of case is different from general case.The cases have its own particularity. To severe punishment for battered women does not conform to the value of the criminal law. It is unfair for battered women.In China, there are Heavy penalties for battered women and have no Unified sentencing standards for battered women.The phenomenon of sentencing imbalance is particularly serious. Base on different reasons, Chinese scholars also generally accepted that such cases should be given a lighter or mitigated punishment or be exempted from punishment. The views are, theory of battered woman syndrome, theory of justifiable defense,theory of legal precedent,the theory of victim fault,theory of expected possibility and the theory of battered woman syndrome.Due to the defects of justifiable defense theory itself, this case about battered women can not apply traditional justifiable defense theory. Foreign Legal experts, put "battered woman syndrome" into the evidence system. It broke through the traditional necessary element of justifiable defense and make these cases have the possibility apply to justifiable defense in foreign countries.Because of the legal tradition and legal environment are nor same between China and foreign.We don’t have to follow the foreign theory, but we can Mirror the theory of battered woman syndrome. We should be put the theory of battered woman syndrome into Chinese evidence system. It is necessary.It can make the trial of battered woman more reasonable.