| Domestic violence,with its long-term and continuous characteristics,destroys the battered woman’s body and mind,and the battered woman kills her abuser when she can’t stand it and seeks social relief to no avail.The case of battered women killing their husbands is already common in real life,before there is the case of Li Yan killing her husband,Chen Shunlian killing her husband,and then there is the case of Shi Mei being abused for more than 30 years killing her husband,each of which is straight to the heart.The women who resist in helplessness have got rid of the nightmare of domestic violence but also go to jail,there is the problem of unjust sentencing in such cases,which not only makes the rights and interests of abused women lose protection,but also makes the judicial credibility in the hearts of the people greatly reduced,which is not conducive to the organic unity of legal and social effects,contrary to the current "leniency and severity It is against the requirements of the current criminal policy of "leniency and severity".The study of Li Yan’s husband killing case,Chen Shunlian’s husband killing case and Shi Mei’s husband killing case reveals that there are problems such as generally heavy sentences,different sentences in the same case and low application rate of probation in battered women’s husband killing case in China.Based on this,we further analyze the theories related to the sentencing factors of battered women’s murder cases,including the "victim’s fault" theory,"battered women’s syndrome" theory and "expectation possibility" theory.The theory of"victim’s fault","battered woman syndrome" and "expectation possibility" are discussed.Finally,we suggest the ways to improve the sentencing of battered women who kill their husbands.We suggest that the victim’s fault should be elevated to a legal sentencing circumstance,and its determination should be clarified;the role of expert supporters should be expanded to introduce the evidence of "battered woman syndrome";the theory of expectation possibility should be introduced,but its application should be analyzed by judges on a case-bycase basis;finally,in order to unify the sentencing standards of battered woman murder cases and reduce the sentencing differences of similar cases,we suggest that the sentencing standards of battered woman murder cases should be unified.Finally,in order to unify the sentencing standards of battered women killing husbands and reduce the differences in sentencing of similar cases,it is suggested that the sentencing range should be limited to less than ten years,and the role of the guiding cases of the Supreme Court should be strengthened. |
