A Study On The Controversial Issues Of Conviction And Sentencing Of Domestic Violence Women’s Behavior Of "Controlling Violence With Violence"

Domestic violence is a problem that can not be ignored around the world.With the development of self-media,the topic of domestic violence has also frequently appeared on the Internet hot list.The vast majority of victims of domestic violence are women.Due to factors such as physical strength and size,they are naturally at a disadvantage in the confrontation of domestic disputes.Some of these women,unable to divorce or leave the perpetrator for many reasons such as themselves and the outside world,finally choose the extreme method of " controlling violence with violence" to free themselves.But this method not only constitutes a crime and can lead to a prison sentence,but also leads to the breakdown of the family,and even the inability to support parents and raise minor children.This paper summarizes and analyzes the data of domestic violence cases on the judgment document online in recent five years.Such cases are usually convicted of intentional injury or intentional homicide,and the sentencing is generally biased,and the sentencing is very different.Through the analysis of the reasons for the " controlling violence with violence " behavior of the women who were subjected to domestic violence,it can be seen that the " controlling violence with violence " behavior of the women was their last resort.The behavior of " controlling violence with violence " by domestic violence women is compared with the common harm behavior,the two are obviously different,the former compared with the latter,social harm and personal danger are very low.By analyzing the factors of conviction and sentencing in such cases,we can see that whether justifiable defense can be established is the key to committing a crime.Confession,voluntary surrender,the victim’s fault and "whether the criminal means are cruel" are important factors affecting the sentencing of such cases in the actual judgment.The author believes that in view of the particularity of such cases,efforts should be made to find a way to criminalize these women who have been subjected to domestic violence for a long time,such as modifying the constituent conditions of self-defense for special groups,so that the women who meet the conditions can be innocent due to self-defense;Learn from "women’s syndrome" to help judges find out the facts of the case.In the case of excessive defense,put forward some suggestions on the mitigation of sentencing,such as putting the victim’s fault into the legal circumstances of sentencing,so as to improve the judicial application of the victim’s fault;Refine the judicial interpretation,clarify the standard of domestic violence,improve the accurate identification of the victim’ s fault,and refine the provisions of "cruel criminal means" to reduce the difference in court’s fact identification;It is suggested that probation should be applied to such cases as far as possible,which can not only save judicial resources,but also avoid new social problems;Improve the case guidance system,provide sentencing reference for the court and reduce sentencing differences;Finally,it proposes to strengthen the judicial review of cases and reduce the case injustice caused by the abuse of discretion by judges.