Study On The Criminal Defense Of Battered Women Who Fight Back Severely

In recent years,cases of battered women who have been liberated by killing abusers have frequently attracted social attention.Taking some significant cases as reference,the sentencing has a tendency to be moderate,and the relevant judicial interpretation and legal norms have been spawned.However,in practice,local courts have not really understood and grasped the particularity of domestic violence and battered women in judging relevant cases.Therefore,it's still out of way in the case of qualitative and sentencing circumstances.The defense against such acts tends to focus on voluntary surrender,victim's fault and other statutory or discretionary circumstances of sentencing,while the defense of justifiable defense is less and difficult to succeed,and there is less discussion of remission of criminal responsibility due to emotional disorder in such cases.The defense ofdomestic violence is often difficult to be confirmed because of the trouble of evidence.The defense about battered women's psychological state and the dangers of their behavior is so little.Criminal defense of serious counterattack behavior of battered women in domestic violence is worthy of study,because it involvesa series of issues like decriminalization,mitigation or exemption the liability,the evidence and procedure,and so on.The paper is divided into five parts,about forty-six thousand words.The first part analyzes the basic situation and characteristics of the severe counterattack against the domestic violence through the analysis of the classic case and the judgment in the form of chart,and concludes with the deep analysis of some typical cases,summarizes and reflect on the criminal evaluation of the severe counterattack behavior of domestic violence carried out by battered women and the problems in the defense.That is: Judicial practice and laws and regulations ignore the characteristics of battered women in domestic violence,the defense of such acts and the decision of the court focus on the issue of discretionary punishment,the cause of exclusion and the circumstances in conviction and commutation are less considered,and ignore the important role of anti-domestic violence witnesses in defense and court hearings.The second part mainly discusses the characteristics of women victims of domestic violence with the particularity of domestic violence,and discusses them as the basis for discussing various kinds of defense.On the one hand,analysing the characteristics of battered women in domestic violence based on the psychological and psychiatric(biological)-psychological-social model,such women will have the troubles of fear,anger and other emotional or psychological problems under the influence of many factors,cognition and will can be affected to varying degrees,in some serious cases,they may have psychological barriers;The other hand,from the perspective of criminal law,the society danger and personal danger of such behavior is not large,the specific criminal responsibility will vary according to psychological and mental conditions.The third part discusses how should such behavior be dealt with from the perspective of comparing different laws.First of all,making a sketch of the "Battered Women's Syndrome";Secondly,explore the application of the theory in judicial practice.On the one hand,the theory is not a separate defense,but is discussed in selfdefense to illustrate the "rationality" and "urgency" of such acts.But in the "non-confrontational" situation,the relaxation of "urgency" is limited,it is more regarded as a "flawed" self-defense or other to make a defense of educing or exempting from criminal liability.The fourth part focuses on how to make a defense of such behavior in our country's criminal law.On the one hand,based on our study of the defense causes of such acts,the theories of the anticipated possibility,the expansion of self-defense and the defensive necessity have problems,and thetheory of "legitimate defense + emotional obstacle mitigation or exemption the liability defense " based on the classification of behavior has self-consistency and more in line with the purpose of criminal responsibility.On the other hand,combined with our country's legal provisions and judicial practice,it is necessary and feasible to apply anti-domestic violence expert witness system to such cases.