A Study On The Sentencing Issues Of Battered Women’s "Using Violence To Control Violence"

Domestic violence is a common social problem both at home and abroad.In2015,the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,and the Ministry of Justice jointly issued the "Opinions on Handling Domestic Violence Criminal Cases in accordance with the Law".The "Opinions" provided effective guidance for the judicial practice of relevant cases.The implementation of the "Anti-Domestic Violence Law of the People’s Republic of China" provides more relief channels for victims of domestic violence.However,in reality,domestic violence issues still occur frequently,and with it comes the emergence of "abused women using violence to control violence" cases where women are victims of domestic violence and become defendants.Although under the guidance of judicial interpretations and other documents,cases of battered women using violence to suppress violence have shown a slight trend of mitigation,and very few cases have been sentenced to death,there are still problems such as low probation rate and different sentences in the same case.It is necessary to further optimize the sentencing.The body of this article is divided into the following four chapters:The first chapter mainly defines related concepts.It consists of two parts.The first part introduces the concept and characteristics of abused women’s violence against violence.The use of violence to counter violence is a counterattack to domestic violence.Therefore,the article first defines the concept of domestic violence and extends the concept and characteristics of domestic violence in cases of abused women using violence to counter violence,and then discusses the types of violence against violence.And the characteristics are summarized;the second part analyzes in depth the reasons for the occurrence of violence with violence,which has not only the factors of the abused women themselves,but also the deeper social reasons.The second chapter presents the sentencing status of abused women in the past three years in the case of violence against violence in my country.First,it analyzes the overall situation of the application of penalties,including the types of penalties,the distribution of sentences,and the application of probation.Secondly,it analyzes the status quo of the sentencing circumstances in the case.In the sentencing circumstances of the law,surrender,confession,excessive defense,and restrictions on criminal punishment are analyzed.The capacity for responsibility and the crime are not completed,and the circumstances of discretionary sentencing mainly analyze the fault of the victim,the understanding of the victim’s family and the application of criminal methods,and finally sort out the problems in sentencing cases of abused women with violence.The third chapter discusses the special consideration factors in the sentencing of violence by violence,and introduces the theories of battered woman syndrome and the victim’s fault.First,the article analyzes the core theories of battered women syndrome and its association with the identification of justified defense,and discusses the practical dilemmas of battered women syndrome in the case of violence against violence.Secondly,it introduces the concept,types,theoretical background and application status of the victim’s fault,and combines the judicial practice of the plot to draw the victim’s fault as a discretionary sentencing plot that has a negative impact on the sentencing of abused women in violent cases.Finally,it is discussed that the social harm and personal danger of battered women’s violence against violence is obviously different from the general intentional homicide cases,which should be reflected in the sentencing.The fourth chapter puts forward suggestions for optimizing the sentencing of battered women using violence to control violence.First of all,this article analyzes the rationality of introducing battered woman syndrome,and specifically discusses its introduction into the sentence in the form of expert evidence.Secondly,it introduces the necessity of legalization of the victim’s fault,and discusses the way that it gradually becomes the circumstance of quantification of law.Finally,in view of the low application rate of probation,this article analyzes the rationality and necessity of probation for abused women.