An Analysis Of The Measurement Of Penalty Of The Crime Of Battered Women's Retributive Violence

Domestic violence has always been a worldwide hotspot problem,and its physical and mental injury to the victims(mainly women)is enormous,even induced the battered women exchange from the victim to the criminals.This is also the reason why the cases of battered women who killed her husband frequently appeared in the public in the recent years.Due to the particularity of such cases,our country maintain a high degree of attention on this issue,dovoted to get a fair punishment for the battered women who commit a crime,and reduce the incidence of such crimes,"anti-domestic violence law" is the best proof of the work to achieve the results.Although the new opinions has affirmed the defense factors and fault liability in recognizing the criminals,but in such cases whether the defendant should be recognized as self-defense still applies high standard.For the see battered women's syndrome as a condition to establish the self-defence has not yet made a positive response.In China's judicial practice of such cases's penalties are different,most defendant are sentenced heavy penalties,typically applies to more than 10 years of imprisonment.Not only beyond people's expection,but also not helpful to the battered women of prison correction.The occurrence of battered women in retributive violence crime is related to the social security system,the economic factors,the influence of the living environment and so on.According to the large number of cases,battered women's personal dangerous and social harm aspects are small,her violence is only for the perpetrators.If such person serve a long-term sentence in the prison.On the one hand caused a waste of judicial resources,on the other hand it is not helpful for them to complete their social duty.For example:care for the elderly and raising children.Therefore,this paper,based on the analysis of the status and causes of battered women's crime in domestic violence,in response to the problems reflected in the current cases of the women's crime,combined with the viewpoints of the theoretical concering on reducing the sentencing of such crimes.Respectively,is the battered woman syndromes and the legitimate defense,the theory of probability of anticipation,discretionary sentencing circumstances.From analyzed the theory itself is applicable to battered women to retributive violence cases and how to apply in the case to seek the best way for women to reduce sentencing by retributive violence.The innovation of this paper lies in the comparative analysis of the relevant sentencing factors of battered women's retributive violence,by the discussing the application of relevant theories.This paper puts forward the idea of criminal responsibility in reducing the sentencing of battered women who killed her husband.