Study On The Light Punishment Of Battered Woman Killing Behavior In Domestic Violence

Although the subject of domestic violence has been studied both in theory and practice,the problem of battered woman's crime caused by domestic violence has not been paid enough attention.The judiciary has also had some problems in dealing with this type of crime:Firstly,the sentencing of some battered women who commit murderous crimes is too heavy.In the process of sentencing,they pay attention to the result of crime and neglect the investigation of the cause of crime;Secondly,the similar case have large gap between sentencing,that is the same case different punishment;Thirdly,because of the lack of how to reduce the punishment of the murderous behavior of the female,so how to reduce the punishment of the murderous woman fall into dilemma.The reason why these problems arise is that:at present,China's research on such special crimes is inadequate,In the trial there is no corresponding laws and regulations can refer to.The battered woman's butcher crime object is only for the perpetrator,the public opinion is conducive to the battered women,and as the perpetrator a of domestic violence victims have obvious fault,impose severe punishment on the battered women,is not match with the criminal law's Justice,utility,legitimacy,and contrary to the principle of individual punishment.Chinese criminal law use suiting punishment as principle,criminal policy of temper justice with mercy to guide judicial practice,Judicial trial has become more humane,rationalization,in this trend,it's more responsive punished the battered woman with a lighter punishment.In dealing with cases of murder husband of battered women,a number of foreign countries have taken a slightly mitigated penalty to battered women.Anglo-American law system countries such as the United States,Australia,Canada,the legal person advocated that there is a gender discrimination in self-defense theory,advocated thet"battered woman syndrome"expert testimony as evidence of admissibility,used to prove the violence of female murder behavior and the relationship between legitimate defense,In the trial practice,there have been a lot of judgment of battered woman's murdered crime been identified as legitimate defense.Civil law system countries such as Japan,Germany,advocated to introduced the "Theory of Expectation Possibility",the court can confirm certain cases of "desperation"or "forced homicide"because of self-help or rescue of family members,if the evidence is sufficient and sufficient,Expect less likely behavior,which can be exempted or mitigated the murder of such battered woman's criminal responsibility.Because there is differences in social environment and the legal environment between foreign countries and our country,we can not blindly introduce the foreign mature theory of to China,but we can according to the reality of our country,learn from their useful experience,for example,in the case of battered women murder husband,we can invite expert witnesses to testify in court,provide strong evidence to mitigating punishment for battered women.In addition,we can draw lessons from the theory of expectation possibility theory,and consider the possibility of expectation in the process of penalty discretion.In order to unify the sentencing standard of female murder case,it is necessary to legislate the victim's fault and the domestic violence as the statutory sentencing circumstances,and relax the conditions of probation.In the process of judicial discretion,adhere to the overall view of the sentencing,inviting expert witnesses to participate in the trial to explain the expertise of domestic violence.Through the Supreme People's Court issued guidance cases,etc.,to promote uniform punishment standards of the battered women murder husband case,to reduce the battered woman's punishment.