Analysis On The Lenient Treatment For The Victim's Counter Violence Against Domestic Violence

Domestic violence has always been a major marital problem in contemporary society and even in the world.The Anti-Domestic Violence Law of the People's Republic of China,which came into force on March 1,2016,stipulates that Anti-domestic violence is the common responsibility of the country,society and every family.This law marks the official termination of domestic violence as an era of“housework”.With the outbreak of celebrity violence and the vicious incidents of domestic violence being reported to the public,it is also frequent that the domestic violence victimized women determined to meet violence with violence.On March 2,2015,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security and the Ministry of Justice jointly issued on Legally Handling Cases involving Crimes of Domestic Violence,which clearly stipulated the criminalization and punishment of domestic violence in the form of judicial interpretation.At the same time,we should give full consideration to the defense factor and the victim's fault in counter violence cases.In terms of conviction,counter violence by women victims of domestic violence is rarely convicted as justifiable defense,which still in a relatively conservative stage.There is no doubt that an act against the ongoing domestic violence that meets the elements prescribed in the criminal law should be legally recognized as justifiable defense.However,there is often such a controversial case in practice.Women choose to fight when their husband didn't pay enough attention.Although the Opinions on Legally Handling Cases involving Crimes of Domestic Violence has fully taken into account the defensive factors and victims' fault liability in counter violence cases,thecriminal theory and trial practices in our country have not yet been fully exploit the space for justifiable defense.In terms of sentencing,based on almost the same plot,different judges' verdicts may vary widely in different cases.Through the analysis of relevant referee documents,the lightest sentence in this type of cases is exemption from criminal punishment,and the heaviest sentence is death penalty.Although the judgments in practice show the trend of light punishment,to varying degrees,problem still remains.This article is divided into three chapters:Chapter I firstly defines domestic violence according to relevant domestic and foreign laws and theory,emphasizes the background of women's outrageous behavior against violence.Secondly,analyzes the causes and characteristics of women's counter violence action,summarizes the essential characteristics of this kind of behavior,which is different from the general social violence.Chapter II summarizes the relevant domestic and overseas scholars' theories and research of convictions in such cases.We can learn from the “Battered Woman Syndrome”,but there are also applicable difficulties.By redefining the time and limit elements in the traditional theory of justifiable defense,in order to extend the justification of justifiable defense in such cases.Chapter III clarifies the connotation and denotation of victim's fault,summarizes the conditions of the victim's fault in the domestic violence.Sorting out the legislative provisions in our country and the judicial status in the domestic violence,to show the fuzziness of application and uncertainty of measurement of penalty.By redefining the relevant provisions of the Opinions on Legally Handling Cases involving Crimes of Domestic Violence,and strengthen the guiding role of typical cases,to provide a relatively uniform light punishment sentencing standards.