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Domestic Violence Battered Women Kill Sentencing Case Study

Posted on:2017-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhouFull Text:PDF
GTID:2336330488977917Subject:Law
Abstract/Summary:PDF Full Text Request
Now domestic violence is not a regional but a global problem, regardless of the level of development of the country and national belongs or not race, class, etc., and in modern society there is still widespread, its main object is the battered women.Domestic violence is not just a simple chores, are human rights violations, a considerable danger, the most serious consequence is that victims of abuse had been tortured or abused unbearable violence against further violence kill people, serious damage to domestic violence family harmony and social stability.Although the "Marriage Law" in our country already provides for a "Domestic Violence" related content, but in such cases is not uncommon. In practice, due to its no special provisions are generally to intentional homicide conviction and sentencing,but in such cases due to the general murder case is different, clearly inappropriate is not fair.The foreign legal person "battered woman syndrome" into recognition within the scope of relevance Butcher behavior battered women’s self-defense and behaviors. In China the penalty sentencing in such cases it is biased towards the majority of our scholars generally believe that battered women should be given a lighter punishment or be exempted from punishment. foreign legal environment and our legal environment is not the same, and therefore can not fully follow the relevant practices abroad, but the victim can put the theory and the fault-related "battered woman syndrome" in reference to domestic making evidence of battered women to reduce the penalty, but also to restore the rigid demand justice, "battered woman syndrome" into related concepts can also provide more convincing more rational basis for the trial of criminal law...
Keywords/Search Tags:Domestic violence, Battered woman, Battered woman syndrome, Justifiable defense
PDF Full Text Request
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