The Research Of Defense Right By Battered Women

In recent years more and more uprising cases occurred by the battered women, the convictions of battered women were consistent but the sentencing was obvious imbalance,3-14years. It is seriously harmful to the simple concept of fairness and justice of the judicial authority.Based on this, the paper selected the battered women’ rights to defense as the focus of the study, hope to make some contribution to the theory and practice. Due to the long-term battering and a particular psychological characteristics, the violent resistance behavior of battered women can not or be identified as justifiable defense as well as the circumstances in which established self-defense. This is the central theme of the article.This paper is divided into five parts, about34,000words.The first part from the phenomenon of battered women and their revolts conducted on reflection, and defines the concept of battered women. Expounded on the current status quo of battered women, that is the situation of abused and as a result of long-term battering conducted oppositional defiant, simultaneously conducted preliminary statistics by using the conviction and sentencing of this cases of battered women, reflected by a bundle classic case verdict. The current judicial practice in China for such special violence with violence identified as intentional homicide in addition to individual cases generally sentencing severe punishment.The second part discussed the path of innocence on the uprising behavior of battered women in our existing criminal justice system. First studied the possibility of abused women from the book angle and concluded whether it is based on the book function or harmful to society of such cases or dangerousness battered woman can not be identified as not guilty. Followed by battered women lack of the capacity for criminal responsibility in the implementation of the behavior as a basis for discussion, argued that only in extreme cases of battered women in extreme nervousness due to the loss of identified capabilities and the ability to control the behavior, will it be possible to constitute innocence. But in other ordinary circumstances can not be a sin. At last, from the point of view of self-defense on the possibility of a sin as well as judicial challenges encountered.The third part discussed the uprising behavior of the battered women and the establishment of the legitimate defense. Mainly from the premise the defense of self-defense, defensive time, defensive intent, the defense limits of battered women’s ability to study the battered women can or not practice defensive behavior and how to implement defense. Thesis advocated that family abuse is an ongoing process, so battered women can implement the equivalent defensive behavior in abusive process, even in the face of serious violence that endanger the personal safety, battered women can implement the unlimited defense right.The fourth section focused on the studying of battered women the uprising cases of penalty. First of all, in the uprising cases for battered women, in the discretion of the penalty the court must consider the long battered history, surrendered behavior, the victims’faults, and the understanding of the victims’ families, in order to reasonably and fairly deal with such cases. Secondly, author studied the effects of the judiciary to apply penalties by dealing with such cases. Indicated China’s judiciary in handling the cases of battered women focused on fighting against crime rather than prevention currently. The pursuit of special prevention and general prevention effect are not implemented.The fifth part is the concluding of the article, explicitly proposed to battered woman syndrome theory in our criminal justice system and to be applied in the administration of justice in the form of expert evidence as the responsibility reasons of negating, in order to solve the plight of the battered women’ acquittal predicament. The introduction of the theory is conducive to strengthen the self-defense system adaptability in complex modern social life and to perfect, and provide a reference standard for judicial practice, further strengthening judicial operability, to safeguard the legitimate rights and interests of women, to achieve fairness and justice for the protection of human rights and legal.