The Necessity And Feasibility Of Introducing The Abused Women Syndrome In The Field Of Criminal Justice In China

BWS (battered women’s syndrome) is a concept derived from western psychology. Western countries have introduced battered women’s syndrome into criminal justice practice. From the current situation of our country, China really has a battered woman syndrome phenomenon, but also from the social needs, social justice, harmonious society and the modernization of criminal law constitutes a sense of consideration, our country will have BWS required to achieve the introduction of the criminal judicial. In addition, from the perspective of qualitative research, the battered women’s syndrome is different from the traditional self-defense theory, while the theory of justifiable defense is not enough to cover the social reality. Considering the realistic possibility, our country has introduced the practical conditions, the battered women syndrome first, rich experience, foreign judicial provides the second, China has been considered in the criminal judicial precedent of BWS, finally, with people’s legal concept to improve. However, after the introduction of the theory of battered women’s syndrome, the relevant criminal justice must be matched by the matching system, including intellectual support system, identification system and so on. In addition, we should not ignore the problems brought about by the introduction of the system of battered women’s syndrome. In practice, it is faced with problems such as the identification of unknown conditions, the scope of application is too narrow and so on. This will need to improve the relevant system as soon as possible to strengthen the whole society for the "battered women’s syndrome" of concern. Relevant departments and scholars should accelerate the establishment and practice of the relevant system, as soon as possible for the "battered women’s syndrome" as a statutory sentencing plot to pave the way, so that the criminal law is more perfect.