The Legal Analysis Of Li Yan Murdered Her Husband Due To Unbearableness Of Domestic Violence In Sichuan

With the continuous development of the times, domestic violence has become common topic of the whole world. Domestic violence is no longer a family disputes but a act of personal rights tort. Some western countries have set up a mature law to prevent and punish the family violence, also protect the personal rights of children and women in a family. During the past few decades under study, our country has formed a settlement mechanism on family violence. It is the insufficient in legislation and law enforcement changes the family violence cases into the criminal ones. This paper use the case of LiYan kills husband because of family violence as an example to analysis our country’s deficiency in dealing with family violence and how to improve present situation nowadays.First, this paper gives an introduction about the case, the result of judgment and the dispute. Then, the paper studied the controversial points which exist in the case. That is whether LiYan’s behavior of killing her husband deserves a lighter punishment and whether "the battered woman syndrome" should be adopted in this case. Finally, through the analysis of the case, we can realize the deficiency when we deal with the problem of domestic violence and the necessity of the country involves in this kind of case. And then put forward the suggestion on the problem solution. This paper uses LiYan’s case as an example and combined with the common problem of domestic violence to discuss the needed improvement in the aspect of anti-domestic violence in China and how to enhance the settlement mechanism of domestic violence. Then give some suggestion on complete the family violence assistance mechanism and provide a reference to the similar cases in the future.