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Criminal Law Cognizance Of Non-confrontational Husband Killing Behavior Of Abused Women

Posted on:2023-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:M J YueFull Text:PDF
GTID:2556306800462114Subject:legal
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Domestic violence usually refers to physical violence and mental control by a husband against his wife.After years of violence by her husband,a woman kills her husband because she has no way to ask for help.There are confrontational and non-confrontational types of husband-killing.In the confrontation of domestic violence,battered women have the right to self-defense;Owing to the great disparity between men and women,most women choose to take measures to kill their husbands in a non-confrontational state,that is,when the perpetrator is drunk,asleep and so on.There are four main views on the identification of this behavior,the first is the theory of intentional crime,the second is the theory of justifiable defense,the third is the theory of excepted possibility,the fourth is the theory of defensive emergency avoidance.At present,China mainly adopts the theory of intentional crime in the judicial determination of non-confrontational battered woman’s killing husband,and the relevant provisions of intentional homicide are used mechanically to actively incriminate battered women.The expansion theory of justifiable defense is difficult to apply under China’s law system,and abused women cannot effectively commit crimes through justifiable defense.In the conviction stage,abused women are prematurely label as intentional crimes.In the sentencing stage,when the circumstances and of the case are similar or even the same,different courts will have different judgment results in the discretion of penalty,and the application of penalties is generally heavy.It is necessary to reasonably identify such acts and find relief for abused women.Under China’s current criminal law system,defensive emergency avoidance has its application space.By excavating the constituent elements of defensive emergency avoidance,we can learn from the two connotation of “cycle of violence” and“learned helplessness” in the theory of “battered women syndrome” from the perspectives of cause conditions,limit conditions and complementary principles,Take it as the “cause condition” and “supplementary element” in the constituent elements of defensive emergency avoidance.Thus,it is concluded that the killing of husband by non-confrontational abused women is defensive emergency hedge.
Keywords/Search Tags:domestic violence, battered women, defensive emergency, battered woman syndrome
PDF Full Text Request
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