Criminal Responsibility Of Battered Women For “Fighting Violence Adainst Violence”

The role of the victim in domestic violence into the perpetrator of "violence against violence" to the perpetrator has caused many discussions from all walks of life,among which the criminal responsibility of domestic violence victims of "violence against violence" still needs to be discussed and studied.This paper discusses the cases of domestic violence against violence,and discusses the criminal responsibility of domestic violence against violence through literature analysis,case analysis and comparative research.The first is to define this behavior and related concepts,on this basis to analyze the causes of violent abused women,and summarize the characteristics of such behavior.Second,the search and screening of the case in judicial practice,through the statistical analysis of the trial in the judicial practice,the practice of judicial defense applicable difficulties,across the crime reason straight into sentencing,sentencing span and some of the problems,summarizes the causes of these problems in judicial practice.last,In view of the problems existing in judicial practice,To accurately identify the criminal responsibility of"fighting violence against violence",The First thing I have,The act of"fighting violence against violence" before or after domestic violence does not meet the time requirements of justifiable defense;The ongoing domestic violence "fighting violence" meets the time requirements of justifiable defense,However,it is still necessary to judge whether the limits of justifiable defense meet the requirements,In addition to combining with the actual situation of the case itself,it is also necessary to comprehensively judge whether the behavior of "fighting violence against violence" of the abused women meets the limits of justifiable defense;Second part,For the behavior of "violence against violence"before or after domestic violence and the act of "violence against violence against domestic violence" which is deemed as excessive defense,The responsibility of abused women who have failed to stop domestic violence by "fighting violence" can be reduced through the expectation possibility theory;The Third;For neither establishing justifiable defense,Nor do they meet the possibility of domestic violence who do not expect violence,To vicconvicted and sentenced on the basis of intentional homicide or intentional injury,In addition to the need to accurately apply to the fault of the victim,The theory of " battered women syndrome can be absorbed with the help of the system of specialized people in China’s criminal proceedings,As a sentencing plot to reduce the punishment for women abused by domestic violence,The sentencing of such cases can also be regulated through China’s guiding case system,To reduce the occurrence of different judgments in the same case.