The Nature Of The Behavior Of Abused And Severely Cause Harm To Another Person In Criminal Law

In recent years,China's domestic violence have occurred frequently,which seriously violate the personal rights of citizens.The harm of domestic violence is mainly characterized by high concealment,cruel means,serious consequences,long continuance and large harm.Long-term suffering from domestic violence abuse may break out in silence,turned a victim into a criminal by various reasons,the extreme act of battered woman against the domestic violence is to kill the torture people.Increase the intensity of judicial intervention in the domestic violence,punishing and preventing domestic violence crime according to law,minimize the occurrence of domestic violence,has become the consensus of the whole society.however,In judicial practice recently,serious configuration defects appear in the judgment of the abuse cases which seriously harmed the judicial credibility,and contrary to ordinary people's natural sense of simple concepts of fairness and justice.Based on this,this article selected the nature of the behavior of abused and cause harm to another person in criminal law as the research focus,in order to make my own contribution to theory and practice.Paper is divided into five parts,about 35000 words.The first part is the cause of the lead to discuss.First list domestic abuse crimes and other typical cases of great influence in society which is released by the supreme people's court,and analysis the commonness and characteristics of such cases;Secondly,reach a basic orientation and quantitative analysis of the case of the damage caused by abuse,confirmed loss caused by abusive circumstances is of great important,at the same time reveals the current judicial practice is qualitative conservative,battered criminal suffered unjust sentence.The second part mainly about make definition and analysis of the loss caused by abusive behavior.Firstly,the supreme court and the supreme procurator-ate,ministry of public security,the ministry of justice jointly issued the “about in accordance with the law to deal with the opinions of the family violence crimes”,but the understanding of article 20 make people confused;Secondly,define the concept of loss caused by abusive behavior and its criminal law belongs,points out that the loss caused by abusive behavior is when abused people face the threat of attack behavior on the life and health which from the abuser,which has form illegality.The comb through the type of loss caused by abusive behavior,mainly from the reflect the nature of the behavior,the behavior person crime intent and discusses the subjective state of mind,etc.The third part mainly around the loss caused by abusive behavior take way out of crime in theory,First consider by applicable "Battered woman syndrome" to rediscovering the situation and the external environment of the battered women behavior,then find the criminal law belongs of this behavior;Secondly,appoint the theory of "expected possibility" to illustrate the social harmfulness of the behavior,pointed out "significant minor plot does not constitute a crime",special circumstances don't have the possibility,as the actor's theory of behavior was forced to reasonably evaluate the offender's criminal responsibility;Finally,the analysis of behavior in a private aid force theory of constitutive requirements,combined with the loss caused by abusive behavior,points out that should be allowed when a person is under such despair circumstance.The fourth part mainly discusses the loss caused by abusive behavior has resistance against the rational basis of deliberate crime.First focuses on the defendant whether applicable "provocative" discussed justifications,points out that the loss caused by abusive behavior conforms to the condition "provocative" defense,should be allowed to advocating "provocative" to stop or mitigate the defendant's responsibility;Second,through identify specific interpretation of identification and control ability,after suffer domestic violence for a long time,the defendant is in a state of extreme psychological,which resulting in a decline in the ability to identify the narrow scope,sometimes may out of control,the defendant's responsibility is limited or even lost.In this case the implementation of harm to others behavior ought to reduce or stop her responsibility.The fifth part of the system in this paper mainly about processing thinking and Suggestions of the light punishment for the loss caused by abuse case.First list the specification provision of light punishment;Second,suggest judicial practical departments and investigators shall examine the case facts comprehensively,such as the comprehensive consideration of abuse of harmful to the society,personal danger,suffer domestic violence for a long time,the fact of greater understanding and a series of public opinion and the victim punishment and so on,eventually make the written judgment in line with the requirement of justice.