Study On The Law Application Of "Violence Against Violence" By Abused Women

With the progress of human civilization,the status of women has been continuously improved,but domestic violence still exists.Women often become victims of abuse based on their own weak position.Because of family violence within the family,has the characteristics of concealment,long-term,caused the serious human rights abuses is not easy to be found,when some women suffer domestic violence for a long time and for less than effective relief way,in order to escape the spectre of person responsible,but will choose extreme violence to save his life.In recent years,it is a prominent manifestation of domestic violence cases that the resistance behavior under domestic violence is transformed into "violence against violence" behavior and then becomes a criminal case.Surveys show that domestic violence has become one of the main reasons for women to commit crimes,and the high incidence of such cases is undoubtedly an important impact on social stability.Due to the premise that abused women have been subjected to domestic violence for a long time,there are controversies on the identification and sentencing of the nature of the act of "fighting violence with violence".The main debate revolves around whether the behavior of abused women has defensive nature and whether the behavior of abused women belongs to the "minor circumstances".Western theory of BWS for the cognizance of justifiable defence is of great significance,in the United States,Canada and other countries,in the form of expert testimony BWS has been adopted widely by court,as a basis for the battered women from sin,safeguard the legitimate rights and interests of women,reveals the law of justice,the theory also gradually appear in judicial theory and practice in our country.The "minor circumstances" are mainly considered from the criminal motivation,criminal mode,the possibility of reoffending and other aspects of abused women.It is necessary to perfect the judicial application to accurately identify the "violence against violence" behavior of abused women.Justifying the abuse of women with violence and implementing the criminal policy of balancing mercy with severity can effectively curb the occurrence of such violent crimes,maintain harmonious family relations,promote social stability,and contribute to the long-term peace and stability of the country ruled by law.The article is divided into four parts,the first part is the introduction of two typical cases,through the analysis of the case,summed up the focus of the dispute.That is,the identification of the defensive nature of the abused women’s "violence against violence" behavior,and the identification of whether the behavior belongs to the "light circumstances".From this leads to the following related discussion.The second part mainly discusses the identification of the defensive nature of abused women’s behavior of "using violence to control violence".First of all,our country’s legislation on the premise of admitted to defense,but there are often defense is not timely,the problem of excessive defense,and then introduces the two situations of domestic judicial practice,is the premise of defense "violence with violence" with the premise that there is no defense "violence with violence",finally,the battered women in "domestic violence" "defense time" and "limit" defense.The third part is the determination of whether the "violence to violence" behavior of abused women belongs to the "light circumstances".It includes three aspects: the connotation and extension of "the plot",the disputes in the judicial theory and practice of "the plot is relatively light",and the identification standard of "the plot is relatively light".In theory and practice,there is no unified stipulation on the identification of "light circumstances" in China,which is controversial.The author summed up four criteria: the perpetrator has a forgivable criminal motive,the perpetrator is less likely to repeat the crime,the perpetrator’s means of crime is not particularly cruel,light punishment can achieve the unity of legal effect and social effect.The fourth part puts forward the measures to prevent the extreme behavior of "using violence to control violence" in domestic violence.First,drawing lessons from the theory of abused women syndrome abroad,it provides a theoretical basis for the identification of justifiable defense,which is conducive to the lighter sentencing of abused women.Second,to establish and improve the comprehensive prevention of extreme "violence with violence" behavior,mainly including four measures: legal education and psychological intervention for abused women and perpetrators,strengthening the prevention of domestic violence crime,improving the judiciary,and strengthening the law enforcement of the public security organs.