Study On The Sentencing Of Battered Women’s Murder Cases

In recent years,with the constant awareness of women ’s rights,women ’s family status has been greatly improved compared with the past,but domestic violence is still widespread as an international social problem.Long-term domestic violence afflicts the physical and mental health of battered women seriously.Some battered women kill the batterer in the case of the intolerable suffering.These cases are collectively referred to as the murder of a battered woman.Such cases have certain specialities compared with the homicide cases.It is caused by domestic violence.The battered women are forced to become defendants from victims of domestic violence in such cases.Their personal dangerousness and social harmfulness are minor.The victim herself is a perpetrator that has certain fault.In view of this special point,in the discretion of such cases,from the cost and benefit of the penalty,the battered women should be given a lighter sentence,and the sentencing standards of the battered women should be unified to achieve the protection and punishment promotely,and then to achieve social harmony and stability.This paper conducts research to study the theory of“Battered Women Syndrome”and the legalization of victim’s fault in the judicial practice of our country,making it the theoretical basis of criminal law for the punishment of abused women in such cases.This article is divided into three parts: The first chapter is to clearly define the murder of an abused woman,to explore the causes of such crimes,and to introduce cases on this basis,through a large number of research results and reasons.The elements that needed to be considered in the specific sentencing process are extracted and plotted according to the categories for case analysis.The second chapter,based on the case analysis of the first chapter,sorts out the problems existing in the sentencing process of the torture trial of the abused women in the judicial organs in China,and explores the factors that should be considered.The third chapter,the perfection of the standardization of the sentencing of the abused women in the case of torture,the concept of "Battered Women Syndrome" theory and the victim’s fault to be legalized into the judicial system In practice,the standardization of sentencing for the murder of the abused woman standardized,and the standard of sentencing should be unified.