Research On The Sentencing Of Murder Of Abused Women In Domestic Violence

Although domestic violence as a social problem has gradually received attention in recent years,the main research focuses on the rescue of domestic violence,and the murder of battered women is not paid much attention,and most of the research on such cases focuses on whether the theory of legitimate defense and emergency avoidance can be used to decriminalize the murder.Less attention has been paid to the sentencing of such cases.The first part of this paper takes the typical case of abused woman’s murder case Li Fengjie’s intentional homicide case as an example to study,and clarifies the research object of this paper-the conviction and sentencing of extreme murder committed by women who have been under threat of domestic violence for a long time in order to escape domestic violence.Through the description and analysis of the basic facts of Li Fengjie’s intentional homicide case and the results of the adjudication,it leads to whether defensive factors,the victim’s fault,the personal danger of the perpetrator,and the possibility of expectation are considered in sentencing.The second part analyzes the focus of the dispute and the sentencing circumstances of the case,starting from the current situation of sentencing of battered women’s murder cases in China and abroad and the views of scholars,and analyzes in detail why legitimate defense circumstances cannot be used as a cause of responsibility in the case of abused women’s murder,thereby exempting battered women from criminal responsibility.It was also suggested that defensive factors,the victim’s fault,the personal danger of the perpetrator and the possibility of expectation could be considered as sentencing factors.The third part is the conclusion and revelation.The conclusion part is divided into four parts,namely,arguing that the victim’s fault can be elevated to a statutory sentencing circumstance,and increasing the application of the statutory sentencing circumstance;Incorporating the above elaboration of the possibility of expectation,it is proposed that in the sentencing of abused women’s murder cases,more attention should be paid to the discretionary sentencing circumstances,and specific operational suggestions should be put forward;Proceeding from the personal danger and social harm of battered women,it is advocated that abused women should be exempted from the use of the death penalty for crimes,increase the application of suspended sentences,and propose that the application of the death penalty in such cases should be exempted from the application of the death penalty in such cases,taking into account factors such as defensive factors,the victim’s fault,the personal danger of the perpetrator,and the possibility of expectation.The revelation part proposes that the reduction of abused women’s murder cases should start from the source and increase the protection of women who are victims of domestic violence;Advocate that battered woman syndrome can be used as expert testimony in court hearings to facilitate judges to gain an in-depth understanding of the situation of battered women,the causes of intentional homicide,and thus influence the final sentencing;It is proposed that the role of guiding cases with Chinese characteristics should be brought into play to resolve the problem of different judgments in the same case;Starting from the purpose of criminal punishment in China,drawing on advanced foreign theories and past jurisprudence,combined with the socialist legal system with Chinese characteristics,this paper first compares the case of abused woman’s murder with ordinary intentional homicide cases,and then compares and analyzes the criminal process and cases with similar backgrounds in various places in the battered woman’s murder case,and proposes that the current sentencing of abused women’s murder cases in China is heavier,and the sentencing of similar cases is different,which is not conducive to judicial justice.