Research On The Criminal Regulation Of Domestic Violenc

Domestic violence is increasingly highly serious in today’s society,only in 2020,there are many vile domestic violence cases to rush into the news hot search.It is well known that shandong Dezhou fang mou Yang was killed by domestic violence because of infertility and A woman surnamed Liu in Shangqiu,Henan province,jumped from the second floor of a building who couldn’t stand the husband’s domestic violence after suffering domestic violence from her husband,Ram,a Tibetan online celebrity in Sichuan,suffered persistent domestic violence from her ex-husband before and after marriage She got a successful divorce but still died in her ex-husband’s fire Since the implementation of the "anti-domestic violence law" in2016,our country’s anti-domestic violence has achieved obvious achievements,and the concept of illegal domestic violence is deeply rooted.The self-protection consciousness of victims has gradually enhanced,and some problems that have long been in troubled domestic violence have been got Improved,"family violent zero tolerance" "Domestic violence is not a private matter " is gradually formed in the hearts of the public.At the same time,with the development of economic society,A variety of domestic violence crimes still present,and even add a number of new criminal expressions,our country’s anti-domestic violence is still facing many challenges.In judicial practice,the same case is often judged differently,How to regulate the domestic violence crime is worth discussing.This paper aims to comb the legislation status of domestic violence crime and study judicial precedent solve the problem of ambiguous concepts related to domestic violence crime charges,explain clearly the objective level of constitutive elements and subjective level of constitutive elements,based on this,the distinction between this crime and that crime in domestic violence is clarified,This paper tries to solve the phenomenon that many cases of the same behavior are filed for investigation with different charges in the current practice.At present,the domestic violence crime unified and reasonable regulation standard,to accurate qualitative case of domestic violence crime is particularly important,only in this way can realize the anti-family violence law enacted legislative intent,to vulnerable groups of persecuted by the family violence to the law,so as to realize the harmony of the family and social stability.The first chapter of this paper is "the current situation and predicament of domestic violence criminal governance".In the first section,the author gives a brief introduction to the factual background and legislative evolution of domestic violence crime and analyzes the current phenomenon of domestic violence crime.This paper introduces the legislative evolution of domestic violence crime from civil law,targeted law and criminal law.And analyze the progressive significance and shortcomings of these legal regulations,and then emphasize the necessity of criminal law governance of domestic violence crime,in the end to pave the way after the focus of the three aspects of domestic violence crime analysis.The second chapter is the dilemma of the identification of justifiable defense of domestic violence crime.In this chapter,the author expounds the identification of time conditions and limit conditions of justifiable defense.In terms of the identification of time conditions,the author holds that the time of domestic violence crime should be grasped as a whole and the defense time should be extended appropriately and reasonably.In the determination of the limit conditions,we must insist on the priority of necessity over equivalence,rather than putting the cart before the horse by focusing only on whether the damage result is equal,and thus determining whether the defense is excessive.The third chapter is "domestic violence crime maltreatment crime identification review".Sin as the main applicable charges of domestic violence,abuse in the sin has many problems,on the standard and applicable standards such as if the circumstances are flagrant into sin,and apply to the abuses in the judicial practice is not reasonable,all lead to abuse in practice there are suspected of abuse,the author mainly the pen on the crime of abuse of,Finally,it shows the author’s attitude that the crime of maltreatment should be correctly identified,and there is a possibility of the simultaneous establishment of the crime of maltreatment and other common crimes.In this paper,the fourth chapter is "domestic violence crime decided to intentional killing cime in the criminal investigation",in a domestic violence crime in the criminal law,and are usually compare various infringement of citizens’ personal rights,property rights,so it is easy to fall in the crime and he sin the boundary points of mistakes,including judicial practice to appear the victim was killed the harm result,It is particularly important to choose what kind of crime to determine accurately.Common misunderstandings are the crime of maltreatment causing death and the crime of intentional injury,and how to accurately distinguish the crime of abandonment and the crime of intentional homicide.Taking Wang Guangyu’s case as an analysis point,the author discusses the existence of the compound mentality of the perpetrators,and argues that the abandonment crime of intentional homicide and omission should be discriminated with the theory of death domination,so as to avoid the wrong practice of backward deduction of charges based on the results.