Comment On The Intentional Homicide Caused By Domestic Violence

Domestic violence is both legally and morally forbidden in modern society,but it occurs occasionally in our daily lives.Meanwhile,when the victims of domestic violence can not bear the sufferings anymore,their resistance may cause violence to the perpetrators.This article selects three similar behaviors(all of which are long-term victims of domestic violence and choose to kill the murderer)but the judgmen t results are quite different,discussing the cumsrrent case of dealing with intentional homicide caused by domestic violence.analysis the reasons for such problems,and the propose for them.This article briefly expounds the case and judgment result of "Li Yan's killing the corpse case","Shao Ruxue killing his wife and the corpse case","Yang Sheng's killing the corpse",and extracting three major disputes.analysis whether the actor is a "passionate murder",whether the corpse after the murder is "the cruelty of the means",and whether the intentional homicide caused by the domestic violence should be given a lighter punishment;secondly,the author is responsible for the case The arguments of each dispute have been analyzed and analyzed: by discussing the definition and characteristics of passion killing and the criteria of the theoretical circle for the determination of passion killing,the author puts forward the author's views on the criteria for passion killing,and demonstrates the system from the criteria of passion killing.Whether the case is a passionate murder;by d iscussing the existing "killing means cruelty" of the crime of intentional homicide in the academic world,it is proved that the murder after the murder is not a means of cruelty;by analyzing the intentional homicide caused by domestic violence in our country The direction of sentencing,the analysis of the factors affecting the light punishment,that is,the intentional killing of the violence In the case,the passion killing wa s identified as the influence of �slighter plot� on sentencing,and the influence of corpse behavior on sentencing,thus proposing the sentencing of intentional homicide caused by domestic violence to light punishment and fair development.In order to provide a useful reference for the resolution of similar cases in the future.