On The Nature And Identification Of Battered Woman Syndrom In China

Battered women's syndrome is one of the topics of concern today,because the legislation is not clear,judicial practice in the identification of standards are not uniform,leading to debate from all walks of life endless.In view of the nature of battered syndrome,taking into account the relevant legislation?theory then propose improvement..This paper is divided into four parts besides Introduction and Conclusion:First part is the overview of battered woman syndrome,which introduces the concept?characteristics and put forward the research question,that is what the nature of the theory and how to identify it,then lay the foundation for later research.The second part introduce relevant provisions of our country and theoretical arguments,these theoretical arguments include that battered women's syndrome is a matter of obstruction of the law ? a matter of resistance?reducing the responsibility,and then give our conclusions.Third part is the analysis of battered woman syndrome with its present application in some countries of Anglo-American Legal System and Continental Legal System,summarizes the similarities and differences of the application of battered woman syndrome in these countries',and try to promoting the theoretical system in China.Fourth part advances proposals to improve the application of battered woman syndrome in China.Based on extraterritorial advanced experience,combined with China's social background and legal system,this part tries to break the traditional thinking set of battered woman syndrome,puts forward masochistic syndrome to replace battered woman syndrome,suggests that masochistic syndrome should be regarded as the reason of mitigating responsibility,and suggests thorough and detailed accreditation criteria of masochistic syndrome.