Domestic Violence Criminal Conviction And Legislative Suggestion

Domestic violence shall be subject to criminal punishment of crime general that people lived together were beaten, tied up, mutilation, restriction of personal freedom and frequent verbal abuse, intimidation and other embodiment of the physical, mental and other violations, as well as in violation of the criminal law provisions. Handling cases of domestic violence crimes should adhere to considering the basic principles of the actively filing, the full protection of the rights of victims, and actively guide the private prosecution case evidence, defensive factors and accurate fault liability and conviction and punishment according to the law and so on. And then it should make an accurate identification for domestic violence related to abuse, abandonment, intentional injury and other crimes, to find out the facts of the crime on the basis of strict accordance with the constitutive elements of crime. In view of the crime of domestic violence have some features,such as continued, long-term, recurrent, etc., we should strengthen the relevant criminal legislation stipulating that victims of domestic violence crime has the right to self-defense, self-defense provisions of the recommendation Article 20 of the Penal Code in additional fourth paragraph: "domestic violence is unlawful infringement, victims of the ongoing violence in the family or the imminent implementation of the implementation of the right to justifiable defense; violence with violence victims do not meet the conditions of justifiable defense, it should be considered the fault of the victim, the perpetrator performance, comments, and other members of the family factor, lighter or mitigated punishment.” At the same time it is clear that the relevant provisions in the sub-marital rape under certain conditions be punished for rape, or convicted marital maltreatment with the aggravated rape. Therefore the private prosecution proceedings indictment double selection procedure should be established; meanwhile the suggestion is that it should establish a private prosecution based, supplemented indictment prosecution system, so as to effectively punish the perpetrator of domestic violence, to protect the legitimate rights of victims.