The Stady Of Light Punishment In The Case Of Battered Woman Killed Her Husband

Domestic violence is very prevalent in all the world.Some battered woman cannot stand their husband's long-time abuse,finally choose to kill their husband to end the miserable life.Because there are no special law and regulation as references,in practice,the cases that battered women kill their husbands are always regarded as crime of intention homicide.In fact,"the violence with violence behavior" of battered women is very different from the intentional homicide.It is caused by domestic violence and the target of violence is unique.Battered women's danger and harm to other people and the society is minor.Severe punishment for battered women does not conform to the value of criminal law.It is also unfair for pathetic and vulnerable battered women.Such cases should be given lighter or mitigated punishment or even be exempted from punishment.This study firstly analyzes the reason why battered women kill their husbands.Because battered women can't escape violence and they lack effective public remedy.Then analyzes four characteristics of the cases that battered woman killed their husbands,such as victim has obvious fault;violence and murder do not occur at the same time;criminals have special psychological and behavioral patterns;the personal danger and social risk are less.Then analyzes two theories that relating to the conviction of battered women,including "Theory of Anticipated Probability" and "Battered Women Syndrome Theory".The discussion then from three aspects including social harmfulness,personal dangerousness and victim fault reaches the conclusion about the sentencing suggestion and penalty execution suggestion of battered women.At last but least,this study throws out some measures to prevent the battered women killing her husband,such as making full use of the anti-domestic violence law and other relevant law;strengthening legal education of perpetrators and abused women;changing concept and consciousness of domestic violence of public security officials;appealing to the whole society to participate in the propaganda and prevention of anti-domestic violence.