Research On Sentencing Issues In The Case Of Battered Women Killing Husband

In recent years,the problem of domestic violence has attracted more and more attention from the society.On March 4,2015,the People’s Procuratorate,the People’s Procuratorate and the People’s Procuratorate jointly issued the Opinions on Handling Domestic Violence Cases in accordance with the Law,which made special provisions on domestic violence crimes in the form of judicial interpretation.On March 1,2016,the Anti-Domestic Violence Law was formally implemented,providing a clear legal basis for China to combat domestic violence.However,in China,the problem of sentencing in the case of homicide by abused women caused by domestic violence has not really been paid attention to,and the sentencing standard in the case of homicide by abused women has not been unified.Although the about dealt with in accordance with the law,the opinion of the domestic violence crime for battered women kill case processing in some involved,the current our country the practice of the battered women kill case processing status also had certain progress,but in judicial practice,for battered women kill case sentencing still exists many problems: first,in terms of conviction,the battered women kill our court case to murder more qualitative,only a handful of cases have been identified as excessive defense,and in the identification of justifiable defense,no clear unified standard,with similar plots in different cases,some with excessive defense,and others will not be identified;second,in the sentencing stage,different sentences for the same case generally exist,and the sentencing has crossed from fixed-term imprisonment to death penalty.The problem of excessive sentencing exists,which seriously affects the basic human rights of women and the authority of the law.Based on this,the problem of sentencing in the case of homicide by abused women deserves our attention and research.There are two kinds of cases in which abused women kill their husbands: one is that domestic violence is going on,and the defense time and defense limit are accurately defined in combination with the justifiable defense theory and considering the particularity of abused women’s homicide case;the second is the situation where a woman commits homicide before or after the perpetrator commits the violence.This situation should be based on the current legal system of our country and draw on the reasonable part of the theory of“battered woman syndrome” and the theory of expected possibility.On the penalty for battered women discretion,around social harmfulness and personal risk and the victim fault criterions for the three factors in comprehensive analysis of fault attaches great importance to the victim,refining the sentencing judicial interpretation,a reasonable applicable probation system,so as to realize sentencing standardization,the mitigation,to make every people’s perception of fairness and justice in the judicial cases.