The Study On The Sentencing Of The Cases Of Battered Women’s Retributive Violence

Domestic violence is extremely bad.It not only seriously undermines the harmony of family relations,but also a tumor that seriously endangers social peace.On the one hand,crimes committed by battered women in resisting domestic violence are increasing year by year in our country,and on the other hand,due to multiple factors,they are caught in judicial chaos with heavy sentencing and different sentences.This has harmed the people’s simple feelings of justice,violated the criminal policy of leniency,and compromised the credibility of the criminal law.Compared with the general violent crimes,the crime of battered women’s Retributive Violence is very special.Victims in such cases have obvious faults and the abused women who are criminals are less physically hazardous and socially harmful.Therefore,the sentencing of such cases should follow the direction of mitigation,so as to better solve the problem of excessive sentencing of abused women in cases of battered women’s retributive violence.specifically,we should proceed from the following aspects:the one is the impact of sentencing on the "victim’s fault" plot should be strengthened.The second is to prohibit the application of the death penalty to abused women who use violence to suppress violence,and at the same time increase the possibility of the application of probation based on the circumstances of the crime.The third is reasonable range of sentencing is also extremely necessary,with a term of imprisonment of more than three years and less than ten years.The fourth is to draw on the reasonable elements of the theory of "battered women’s syndrome"and use it as a common discretionary sentence in such cases.In addition to adopting the above methods to solve the excessive sentencing,the issue of insufficient balance of sentencing in such cases can also be solved by the Supreme People’s Court promulgating guiding cases.