A Study On The Sentencing Problem In The Case Of Abused Women Killing Their Husbands

Domestic violence is a long-standing social problem in the world,its harm is not only between the abused and the perpetrator,it will also have a bad impact on the physical and mental development of other family members,is not conducive to the harmonious development of society.The domestic violence studied in this paper occurs between men and women with a conjugal relationship,and the two sides live together on the basis of a marriage relationship.In the three cases listed in the article,the defendants were women who had been subjected to their husband's domestic violence all year round,and the woman had been abused by her husband's family for many years,and on a whim,after a domestic violence,she had used tools to kill her husband.Through the analysis of the case,it can be seen that there are many pitiful facts behind the killing of battered women,the husband is ostensibly the victim of the case,the fact that he was the perpetrator until the case,and that he has been harming the woman's body and mind,so that in the case of the battered woman killing husband,the victim itself is at great fault.In reality,the implementation of the legal provisions on the protection of battered women is not optimistic,and many of the government's protective measures are difficult to implement.The main reason for this is the mistake of the whole social concept,the abuse of women should recognize that the husband's domestic violence behavior is wrong,actively seeking outside help is the path of relief they should choose,and the relevant staff responsible for helping battered women also need to pay attention to the situation of women suffering from domestic violence,can not treat it as a small matter,This is an offence,and if it is treated casually as a family matter,it will be difficult to recover from the eventual development of a homicide.It is hoped that the relevant departments will pay attention to the incidents of domestic violence,effectively exercise their authority,provide timely assistance to women who are suffering from domestic violence,and avoid the occurrence of death incidents.Legislation should also be adjusted in the light of the facts of the case to safeguard the legitimate rights and interests of battered women.There are three parts in this paper: The first part briefly introduces the case and the judgment result.Through the different opinions existing in the case,summed up the controversial focus of the case.In the three cases listed in this paper,the crime plot is similar,the crime result is the same,and eventually the battered women are found to be intentional homicide,but three cases have great differences in sentencing.As the same or similar case,the offence was found to be the same,and the significant difference in sentencing reflected a different understanding of the extent of the harm to the killing of the abused woman.The second part is the legal analysis of the controversial issues existing in the case.Firstly,this paper introduces the present situation of sentencing in the case of battered women killed in China,and then analyzes in detail the sentencing circumstances that judges need to consider when sentencing,starting with the three sentencing factors of social harmfulness,personal danger,judge's consideration and social cognition.Finally,four theories affecting the nature of the behavior of battered women killing husband are discussed,that is,"self-defense","battered women's syndrome","expectation possibility" and "Victim Fault",which provides theoretical support for the reduction of punishment in this Act.The third part is the research conclusion and the research enlightenment.Through the legal analysis of the case,some research conclusions and enlightenment are drawn from it.