Study On Sentencing Issues Of Women Who Suffer Domestic Violence Killing Her Abusive Partner

The Anti-Domestic Violence Act is China's first law specifically against family violence.Its promulgation means our country's determination and actions in preventing domestic violence and protecting the rights of victims.However,it cannot be comprehensive,for example,by domestic violence.The abused women killed in the murder case still lacked relevant laws to provide detailed and specific regulations on the conviction and sentencing of battered women.This article discusses the status quo of domestic and international research on the sentencing of battered women in the murder of husbands and the opinions of scholars.It also collects and collates judgments of the battered women who have been killed in battered murder cases since the implementation of the Anti-domestic Violence Act.In order to more intuitively demonstrate the problems of such cases in the sentencing process,forms are produced in a long-to-short order of sentencing time.Then,in combination with the listed forms,the problems reflected in the status quo of battered women committing murder crimes are combined with the current view of the Chinese theoretical community on such crime sentencing,which is the introduction of the theory of "battered women syndrome" and the improper defense.The victim's wrongful circumstances,etc.,discussed from the theory itself whether it can be applied to the battered women's murder case and how it should be applied to such cases.Finally,he proposed to statutory the victim's fault scenarios,expand the scope of application of probation,and other suggestions to realize battering.The unification of sentencing cases in women's husbands and wives and the realization of light penalization of sentencing for abused women.