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- Title
家庭暴力中受虐妇女伤夫案件的出罪化研究.
- Authors
李飞
- Abstract
In the cases of battered women’s using violence to hurt their husbands, there are mainly two cases: forced wounding due to unbearable long-term domestic violence and occasional emotional wounding in the process of mutual fighting. If both are convicted and punished for the crime of intentional injury, there will be a lack of necessity for the penalty of corresponding conduct. Using the theory of expected possibility and justifiable defense of battered women’s syndrome, combined with the proviso clause of criminal law which does not punish crime as the path of crime in such cases, not only can reflect the principle of criminal law punishment, but also conducive to the long-term stability of family relations and the whole social order.
- Subjects
CRIMINAL law; DOMESTIC violence; ABUSED women; CLAUSES (Law); FAMILY stability; VIOLENCE against women
- Publication
Journal of Eastern Liaoning University (Social Sciences), 2021, Vol 23, Issue 6, p33
- ISSN
1672-8572
- Publication type
Article
- DOI
10.14168/j.issn.1672-8572.2021.06.05