Crime And Punishment In The Case Of Murder Against Battered Women

In recent years,with women as the main target,cases of violence against women,kidnapping and trafficking in women and other crimes have aroused wide concern in the whole society.All parties have attached great importance to women’s legal rights and taken a series of measures to protect women’s legal rights.However,after consulting a large number of cases of female abuse,the author found that the abuse and violence suffered by women are far more serious than we can imagine,and the existing law and judicial interpretation cannot effectively deal with these problems.At the same time,abused women are forced to kill their abusers in long periods of physical and mental suffering without social assistance.Therefore,in this case,how to find a reason for lenient punishment,and even the cause of crime,is not only the whole society should pay attention to the problem,but also an important subject in the field of criminal law.In practice,the court also has many disputes and problems.In terms of conviction,our courts have defined the crime of intentional homicide for battered women who kill their abusers in this way.This kind of crime does not belong to the type of confrontation.The victim is usually killed while asleep,drunk and unable to resist.The illegal infringement has ended or not yet begun,so it cannot be regarded as "the illegal infringement is in progress".In the same way,it cannot be considered an "ongoing danger," let alone a "necessity." Therefore,it is difficult to classify it as self-defense or emergency avoidance.In sentencing,on the whole,there are big problems,the author takes five years as the standard search,found that the overall sentence is more than 10 years,more than 15 years,there are many life imprisonment,suspended death.Courts in different regions vary widely in their decisions,ranging from prison terms to life imprisonment,in cases where the circumstances of the crime are similar and the circumstances of the sentencing are the same or similar.In addition,the proportion of probation is very low,only a few cases.Therefore,this paper starts with the verdict of the anti-murder cases of battered women in the past five years,summarizes the general situation of conviction and sentencing of such cases in the current judicial practice,and combined with the existing legal system of our country,the conviction and sentencing of such cases are deeply studied.Based on the theories of "battered woman syndrome" and "expectation possibility",this paper discusses how to combine it with the existing legal system of our country and pay attention to the important factors of the victim fault in sentencing,refine the judicial interpretation and improve the public guidance system of the case,so as to explore the progress space in conviction and sentencing of the female victim anti-homicide case.