On The Judicial Application Research Of Battered Woman Syndrome

In recent years,battered women butcher case aroused public hot.However,China's relevant laws and regulations did not the concept of the battered woman syndrome and the trial of the case of battered women,etc.Butcher clear that the research on this controversial.The United States,Australia and other countries have laws on battered woman syndrome were positive about,and achieved remarkable results in judicial practice.Currently,there is a theoretical problem of the academic concept of battered woman syndrome,the nature and its ability to be used as evidence and other serious differences,and the institutional lack of appropriate legislation,resulting in no clear basis for the judge in the trial,there are different co sentenced phenomenon,caused judicial confusion and miscarriage of justice,and criminal law and protection of human rights inherent value contrary to the Criminal Procedure Law.However,if a direct reference to the Expert Witness System in Western countries,in order to prove battered women belonging to self-defense can lead to lack of acclimatization,it is how to regulate and improve the Battered Woman Syndrome Battered Woman Killed Her Husband Case Evidence become a research institution important problems.This paper studies the use of battered woman syndrome justice based primarily on the following logical framework to start: First,the case of battered women Butcher classic case of two cut,by comparing Dengru Wen and Li Yan Case case verdict,combing the current theory on the "battered woman syndrome" concept of the mystery of thinking and the main controversy triggered;secondly,clarification from "battered woman syndrome" concept and features to expand in order to analyze its research value;again,outside the scope of practice introduced by two kinds of ways to abuse women Butcher forgiveness to the accused,and evaluate the pros and cons for China to deal with such cases to find a reasonable way;Finally,I will identify battered women's syndrome into the scope of psychiatric appraisal,comprehensive analysis of battered women expert opinion evidence of the disease in order to identify processes and expert opinion the process of applying logical framework,institutional identification process were studied,the main program requirements identified battered women's syndrome,as well as evidence,cross-examination,certification expert opinion of the three links Application rules.Is concluded that the battered woman syndrome is essentially a mental disorder,mental illness can be integrated into wider scope to the provisions of Article 18 of China's "Criminal Law" as a legal basis,the battered women syndrome identified by the medical problem expert to solve,which is dedicated to solving the legal problems of a big step forward.