| There are endless cases of abused women suffering from prolonged domestic violence and resulting in husband killing.Due to the lack of space for crime,the behavior of killing husband is classified into the illegal circle prematurely,which leads to the great pressure on sentencing norms,and the result of the case shows that the conviction is light and the sentencing is very different.The article consists of the following five parts:The first part is the legislation and judicial status of the case of abused women killing husband,summarizes the laws and regulations that may be involved in the killing of husband by abused women,and explains that the current judicial practice has no justifiable defense judgment for this kind of case,and the sentencing gap is large.The identification of the subject elements is difficult,the justifiable defense time and limit conditions are rigid,the victim’s fault can not be used as the cause of the crime,and the legislation of the intentional crime also has defects.The narrow space for guilt leads to the premature classification of abused women into the illegal circle,which brings great pressure to sentencing.The second part is the cause of the problem of tortured women.The identification of the subject elements is difficult,the justifiable defense time and limit conditions are rigid,the victim’s fault can not be used as the cause of the crime,and the legislation of the intentional crime also has defects.The narrow space for guilt leads to the premature classification of abused women into the illegal circle,which brings great pressure to sentencing.The third part is the extraterritorial experience in the case of battered women.The concept and origin of masochistic women’s syndrome and its application in foreign judicial practice are expounded.Through the concept of abused women’s syndrome,foreign judicial practice explains the unique behavior pattern and thought of abused women under long-term domestic violence,and uses it as expert evidence to establish a relationship with justifiable defense or the subject element of crime,so as to achieve the effect of innocence.There is also a judgment that it can be used as part of the defense and provocation defense as the reason of exemption.The fifth part is that mistreated women’s killing of their husbands can be committed on the basis of self-defense.The concept of battered women’s syndrome is used to understand abusive women’s killing behavior.First of all,this paper expounds the justifiable source of justifiable defense,which leads to the urgency of justifiable defense.Furthermore,it holds that the concept of urgent danger is adopted for the judgment of defense time,that is,urgency,from the point of view of women abused by defenders,and from the point of view of the objective situation at the time of the occurrence of the case,and to judge whether the abused women are in urgent danger or not according to the possibility of unlawful infringement of legal interests and the timeliness of the national protection of illegal infringement.Finally,as for the defense limit,we can not adopt the "only result theory",and correctly understand the 20 articles 3 paragraphs of the criminal law ofour country.As long as the ordinary defense accords with the necessary limit,even if the death result is caused,it can be regarded as legitimate defense. |
