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The Study About The Defensive Necessity In That Type Of Behavior Which The Woman Victim In Domestic Violence Kill Her Husband

Posted on:2020-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2416330590963462Subject:Law
Abstract/Summary:PDF Full Text Request
The woman who is suffering from prolonged domestic violence often choose to kill her husband while he is unprepared in order to avoid the continued domestic violence in the future.Such cases occur frequently and are different from ordinary violent crime.The women all sentenced to constitute a crime and bear heavier penalties,which inevitably contrary to fairness and the simple and righteous feelings of people.It is feasible that using defensive necessity makes such behavior justified.The object of defensive necessity is the source of danger,which is different from the object is innocent person in aggressive necessity.Because of the severe domestic violence and the resulting special recognition,the victim women think they are in danger even the violence has not yet started.When the danger translates into real domestic violence,the victim women often do not dare to resist and are unable to resist.For the women with “Battered Women Syndrome”,learned helplessness makes them not believe that their efforts will make any change.Therefore,they usually do not resist in order to survive in every domestic violence.But when they can't bear the violence and decide to resist,they have to adopt a method that will succeed and can completely get rid of domestic violence—kill her husband.For ordinary women,there seem to be many ways to provide relief,but they do not have substantial effects.Therefore,killing their husbands is a way for the victim women to survive in the desperate situation.It is no doubt that the value of life cannot compare,but the protectiveness of life is different.Because of the life protectiveness of the husband who as a source of risk is declining,the action of the wife who as a victim to protect life or health do not beyond the necessary limit.So,when women who are victims of domestic violence are in danger of being subjected to domestic violence or even being killed by violence and have no other choice,they kill their husbands to protect the lives as well as the benefits of significant physical health of themselves and other loved ones.Because that type of behavior conforms the constituent elements of defensive necessity,so that type of behavior can get justified.
Keywords/Search Tags:Domestic violence, Defensive necessity, Self-defense, Battered women's syndrome
PDF Full Text Request
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