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Study On The Equalization Of Family Violence Victim Sentencing Violence Criminal Cases

Posted on:2017-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:H M GuoFull Text:PDF
GTID:2336330488952860Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Family violence is a marriage and family relations and social relations of the cancer killer. Criminal cases caused by domestic violence in recent years showed a growth trend. For such cases of the referee, all over the court has been the issue of sentencing, causing widespread concern in the community, the authority and impartiality of the law has caused a certain impact. In order to solve this kind of case of sentencing balance. In this paper, the family violence arising from the causes and characteristics of launches the analysis, obtained the domestic violence victimization of criminal cases of violence with violence, indicating that the shortcomings of the current referee in such cases is a result of the presence of. At the same time, combined with processing such cases related theories are compared and discussed, said to the victim fault rationality and can adopt affirmed, on the basis of this doctrine proposed should be the fault of the victim into the statutory sentencing plot. Finally, the victim fault into the statutory sentencing to achieve rationalization proposals put forward, respectively from the scientific division of the victim fault types, rational allocation of burden of proof, accurately identifying the fault of the victim, specification specific sentencing of the magnitude of these several aspects, for the fault of the victim into the legal circumstance for sentencing to provide feasible measures.
Keywords/Search Tags:Family violence, Injured party, Violence with violence, criminal case, Sentencing balance, Victim's fault Statutory sentencing circumstances
PDF Full Text Request
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