On The Conviction And Sentence Of Battered Woman Who Killed Her Husband

In recent years,the issue of domestic violence has attracted more and more attention from the society.On March 4,2015,China's two high and two departments jointly issued the “Opinions on Handling Domestic Violence Crimes in conformity to Law”(hereinafter this text will be abbreviated as “Opinions”),which specifically regulated domestic violence crimes in the form of judicial interpretation.On March 1,2016,the "Anti-Domestic Violence Law" was officially enforced,providing a clear legal basis for the anti-domestic violence in China.However,it is a pity that the crime of killing husbands by abused women resulted from domestic violence has not been given enough attention.Although the "Opinions" on the issue of the crime of killing husbands of battered women is partly involved,which has made some progress in the current practical handling of battered women's murder of their husbands in China,there are still many problems in the criminal considerations of battered women's murder of their husbands in judicial practice.First of all,in terms of conviction,China's court to the death of the injured victims caused by battered women was qualitative with intentional homicide or intentional injury,a few cases were identified as excessive defense,the vast majority of cases even excessive defense is not to speak of.Such cases are still in the conservative application stage of justifiable defense,and the judgment criteria for the identification of justifiable defense are not uniform and clear.For different cases with similar circumstances,some of them are considered as excessive defense,while some are not recognized.Secondly,in the sentencing stage,there is a common phenomenon of different sentences for the same case.Different courts have great differences in the sentencing adjudication of different cases with the same circumstances,results or similar cases.The sentencing spans from the suspended execution of fixed-term imprisonment to the suspended execution of death penalty,or even death penalty.In addition,such cases still have the problem of excessive punishment,which seriously affects the authority of the law and people's belief in the law.Based on this,the battered women's behaviors of killing their husbands deserve our attention and research.There are two types of battered women's killing behaviors: for the ongoing situation of domestic violence,combining with the theory of justifiable defense,taking into full consideration the particularity of battered women's killing cases,the defense time and defense limit are accurately defined;Based on the current legal system of China,the rational part of the theory of "battered women syndrome" and the theory of expectation possibility is used for reference.In the sentencing of battered women's murder of their husbands,this paper analyzes the three sentencing factors of social harmfulness,personal danger and the victim's fault,pays attention to the victim's fault plot,refines the sentencing judicial interpretation,improves the case guidance system,applies the probation system reasonably,and realizes the standardization and lightening sentencing.