A Qualitative Study On The Killing Behavior Of Battered Women

In the case of domestic violence,the characterization of the killings of battered women has not formed a uniform identification standard both inside and outside the territory.First of all,this article mainly discusses the situation in which the abused woman kills the aggressor while she is asleep.Secondly,this article is mainly divided into four parts.The first part uses the typical cases of battered women killing husbands as entry points to guide the main problems and core disputes of battered women killing husbands.The second part introduces the theory and application of abused women syndrome.The third part analyzes the qualitative analysis of murdered women's husbands.After sorting out the opinions of domestic scholars,it was found that there are three kinds of viewpoints in the theory of criminal law in regard to the qualitative problem of the murdered women 's killings.The first view is that the murder of a battered woman is a crime of intentional homicide.The second view insists that the act is a legitimate defense.The third view advocates defensive emergency hedging as a legal justification for abused women's killings.The author analyzes the three viewpoints one by one.The first is to analyze the reasons for the intentional homicide of the battered women's husband-killing behavior,and distinguish them into two types: lack of time conditions and lack of time and limit conditions.Second,after integrating the viewpoints of scholars who support legitimate defense,it was found that the main controversy focused on the determination of time and limit conditions.The analysis of time conditions is summarized as "continued danger theory,advance avoidance theory,danger facing theory,and considered as a whole theory".After a comparative analysis one by one,it is considered that in specific cases of battered women killing husbands based on "continuous danger theory " It can be concluded that the killing of the abused woman meets the time conditions for proper defense.Regarding the determination of limit conditions,after comparing "basic suitability theory","necessary theory",and "appropriate theory",it is found that the determination of the limits of proper defense should be based on "appropriate theory" and combined with "sex theory" in special circumstances.Judge.Thirdly,the object of emergency risk avoidance is the innocent third party,and the target of the murder of the abused woman is the aggressor;the abused woman does not need to have the necessary elements at the time;Defensive emergency hedging was established for the abuse of women and killing husbands.At the same time,based on this analysis,the liability obstructive emergency hedging is also analyzed.In the fourth part,it is suggested to learn from the experience of Western countries and improve the traditional legitimate defense system to solve the applicable difficulties of the theory of legitimate defense in battered women killing husbands.Finally,the purpose of this article is to include cases of battered women killing husbands into legitimate defense systems,and to argue that the theory of battered women syndrome should be considered as an evidence in such cases.So as to provide a solution for the qualitative problem of battered women's husband-killing behavior,and change the previous "light punishment" processing mode.