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A Study On The Criminal Law Of Battered Women's Homicide Cases

Posted on:2018-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:X F WangFull Text:PDF
GTID:2346330515470881Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
March 1,2016,"People's Republic of Domestic Violence Act" was officially implemented.China's anti-domestic violence has finally got the clear reference of the law.Victims of domestic violence no longer have no recourse to get help,they can pick up the law to arm themselves and protect themselves.It is apparent that "anti-domestic violence law",for our anti-domestic violence has a landmark significance.I cheered but still slightly unsatisfied.“The Anti-Domestic Violence Act” expressly provides for the punishment of the perpetrators of domestic violence,but doesn't refer the battered women who couldn't endure domestic violence and punish the violence by killing her husband,leading to judicial practice in the case of such a crime with different judgments,similar circumstances,but there are very different judgments.The author explain the problems in the case of similar cases by discussing the characteristics and current situation of the case,and puts forward some suggestions for these problems.This paper is divided into four parts:The first part:the analysis and judgment of the murder case of battered women.Introduces the basic case of Lee and the judgment results and sums up the controversy focus of this case and comment on the case,and then summarize the characteristics of such cases and sentencing status.The second part: A study on the characteristics and current situation of battered women 's killing cases.Through the characteristics of the case of battered women and the identification of such cases in judicial practice,the author points out the theoretical problems in the case of the tendency of the tendency of torture to the battered women.The third part: A theoretical study on the Crime of Battered women 's light punishment.Through the study of battered women syndromes,legitimate defense,expecting the possibility of the theory in the cases to talk about the feasibility of light punishment.The fourth part: the light punishment of battered women and the system construction.this article seeks its theoretical basis from the legality,rationality public opinion and other aspects on light punishment of battered women murdering the husband and the original intention of the anti-domestic violence law.And then through the legislative level and judicial practice in the construct the institutional basis and practice model of battered women murdering the husband case's light punishment,so as to provide some reference for the solution of similar cases in the future.
Keywords/Search Tags:battered women, curb violence with violence, Discretionary sentencing circumstances, legalization, light punishment
PDF Full Text Request
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