A Study On The Lightening Of Sentences In Non-confrontational Battered Women’s Husband-killing Cases

Non-confrontational cases of battered women who kill their husbands are those in which a woman who has been subjected to severe domestic violence for a long period of time,but who,for reasons of objective circumstances,has no or very little access to outside help,is forced to kill her husband in order to survive.Non-confrontation" is a situation in which a battered woman kills her husband when he is not expecting her to do so,in between acts of domestic violence.The reason for the emergence of this type of case is that the law has not yet refined the sentencing factors for non-confrontational battered women who kill their husbands,and the professionalism,personal experience,experience and knowledge of judges are not at the same level,resulting in judicial practice,this type of case often has the same or similar means and circumstances but the sentencing results vary greatly,and in some cases the sentencing is on the heavy side.In some cases,the sentences are heavier.Therefore,the issue of sentencing in cases of non-confrontational battered women who kill their husbands needs to be addressed.These cases are different from ordinary intentional homicide cases,whether for the victim’s own reasons,or for the battered woman’s physical or psychological reasons,or for the lack of adequate laws on domestic violence.This article has searched for cases of non-confrontational battered women killing their husbands,mainly based on the Chinese Judicial Documents website,and has conducted a comparative analysis and summary of non-confrontational battered women killing their husbands.This article will examine the "battered women" case and the "battered women" case.In this thesis,we study the theory of "battered woman syndrome",the impact of "victim’s fault" on sentencing,the appropriate sentencing range for such cases,the conditions of application of probation in such cases,and whether such cases can be exonerated through self-defence and defensive emergency avoidance.The aim is to improve the current sentencing situation,strengthen the state’s attention to the protection of the personal rights and interests of women who are victims of domestic violence,and reduce the occurrence of such cases from the root.