Research On The Conviction Of Abused Women Who Murdered Her Husband

Family violence has a long-standing history. This kind of bad habitsperformance as the husband harsh physical, mental and economic damage to his wife. Battered women who commit murder of his husbands refers to a women who undergo a long period of family violence was unable to find effective outside help and forced to murder the violent husband. In such cases there are many different factors and causesfrom the common crime of intentional homicide, including own reasons of the victims, social factors and unsound legal factors, the women’s physiological and psychological reasons, culture degree, occupation distribution and problem of legal awareness.However, in judicial practice for such cases, the decision always ignore these special factors, mechanically applyto the regulation of the crime of intentional homicide of criminal law and tend to sentence a severe punishment to the women. What is more, the sentences of similar cases in different areas all over China’s tend to be considerable differences. This result reflect problems in the trial stage, such as neglecting the proviso provisions, not identified as justifiable defence, do not consider the victim’s fault for sentencing circumstances. These problems should be solved one by one in the conviction and sentencing phase.Dangerousness of the person of battered butcher women’s is very small, and almost have no possibility to commit s crime again.So, for such cases,we should actively identify the behavior of the women do not accomplish a crime, improve the design of the provisions of the crime of intentional homicide, and during the sentencing phase, fully consider the introduction of the anticipated possibility theory, take the fault of the victim into quantitative sentencing to relieve women criminal penalty, and actively declared probation and parole to the battered women, and the Supreme People’s court should perform the functions of the case guidance, announced typical and light punishment sentencing case of this kind. In addition, "The anti domestic violence law of the people’s Republic of China" has became in force which including many provisions and regulations will also provide effective support to the further standardization in the conviction and sentencing of battered woman.