Qualitative Study On Cases Of Abused Women Killing Their Husband

The case of battered women,who were unable to endure years of domestic violence,resisted and killed their abusive husbands when they were sleeping happened occasionally in recent years.But in judicial practice,the causes of obstructing the breaks of the law in such cases have not been fully explored,and the possibility of decriminalization in the stage of conviction has been ignored.Based on the analysis of a typical case of battered women Han Mou killing her husbands,this paper first introduces the case and the result of the verdict,and sorts out different views on this case.Then based on the research results of the "battered woman syndrome" theory,after denying the "complete act theory" and "extended defense time theory" to rule out the possibility of applying Justifiable defence in the case of battered women killing husband,exploring the application of defensive emergency avoidance in the case of battered women killing their husbands.The theories of "cycle of violence" and "learned helplessness" in the theory of "battered woman syndrome" are used as theoretical supports for the establishment of "danger is happening" and "Necessity" in Defensive emergency avoidance.At the same time,we reconsider the limit of necessity of Defensive emergency avoidance,drawing a conclusion that Han Mou’s behavior is defensive emergency avoidance.