A Study On Conviction And Sentencing Of "Violence By Violence" In Domestic Violence

Family is the basic component of society,harmonious family relationship is not only the basis of social stability,but also the key link of personal healthy development.Family is supposed to be a haven for peace and happiness to individuals,but the frequent domestic violence not only brings indelible harm to family members,but also destroys the cornerstone of social stability,causes instability of social order,and also brewing a new crisis —— that is,the "violence against violence" behavior to be discussed in this paper.Violence against women is a measure of last resort for victims of domestic violence when they have no access to help and have no way to go.It is not supported by law to stop violence by violence Means.Because this act is based on the resistance to the oppression of long-term domestic violence,it is decided that it has different characteristics from the ordinary crime,and can not be directly based on the ordinary crime conviction and sentencing,it is necessary to carry out light punishment.This paper analyzes the causes and characteristics of "violence by violence" behavior,discusses its problems in legislation,justice and the development trend of conviction and sentencing,tries to solve the problems existing in application,and provides various argumentation support for the light punishment trend of "violence by violence" behavior combined with relevant viewpoints in theory.This paper mainly analyzes the behavior from the two angles of conviction and sentencing,in which the crime of the act is justified The analysis mainly focuses on the theories of "self-defense "," masochistic syndrome" and "defensive emergency risk avoidance ",and discusses the possibility of applying the above theories in cases of " violence by violence" in our country.