The Light Punishment’s Theoretical Logic Of The Battered Women Counter-killing Case

The battered women Counter-killing cases refer to cases in which battered women who have suffered domestic violence from their husbands for a long time killed their husbands in a nonviolent state such as when husband was asleep,drunk,etc.In China’s judicial practice,the battered women Counter-killing cases are often characterized as intentional homicide,and the sentencing circumstances are insufficient to explain the high range of punishment reduction,so there is lack of a possible way to reduce the criminal responsibility of battered women from the criminal composition system.Through the analysis of nearly 100 judicial cases and the case of Liu Shuang xia,which used battered woman syndrome for the first time in China,the existing sentencing problems of domestic violence and anti-homicide cases were analyzed,and two directions of research were carried out: whether the theoretical view of light punishment is feasible and whether the battered woman syndrome can be integrated into China’s penal system to play a light punishment role.Firstly,the theoretical view of light punishment is summarized as legitimate defense,defensive emergency avoidance,and lack of expectation possibility,and the argument logic of the relevant view is found to have many questionable points,so it is not feasible.Secondly,through the comparative study of battered woman syndrome,we can understand its essence and domestic and foreign legal differences,so as to clarify and pave the way for its introduction into China’s penal system.Finally,the theoretical logic and application value of battered woman syndrome integrated into China’s penal system and its application value are introduced.Its theory logic of lightening punishment,that is,battered woman syndrome belongs to post-traumatic stress disorder,and it plays a lightening role as a cause of responsibility deterrence in the constituent elements of crime,providing new ideas for the lightening of domestic violence and anti-homicide cases,and then creating more social and legal value.