女性“以暴抗暴”犯罪轻刑化之探究

On Abused Women to Violence with Violence Crime Light Punishment

因家庭暴力而导致的女性"以暴抗暴"犯罪,司法实践存在同案不同判、量刑畸重等问题。应针对此类犯罪的特殊性,量刑上予以轻刑化。在立法上将此类犯罪与普通暴力型犯罪区别对待。完善正当防卫制度和缓刑的适用条件。引入专家证词,以便客观的量刑;在司法上,出台相关的判例指导,规范量刑;妇联及社区基层组织的参与应常态化,配套的法律援助应制度化。从而最大限度的保护受虐女性的权益,实现法律的公正。

In recent years,As a result of domestic violence which led to the women ＂violence＂ crime presents the trend of escalation In judicial practice, to this kind of crime punishment exists some problems such as the sentence, the punishment is too severe. This caused the people to the legal fairness question, for the offender confessed, positive transformation of adverse lifeo In view of the particularity of this kind of crime, the author thinks to crime to female sentencing penalty is reasona- bleo Suggestions in legislation, this kind of crime and violent crime of distinction to treat, perfect the justifiable defense system and the application of probation conditions, introduction of expert testimo- ny, so that an objective measurement of penalty; In judicial practice, proposed the Supreme People＇s Court promulgated relevant precedent guiding, regulating sentence, reduce some sentenced; women＇s and community organizations at the grass-roots level of participation should be normalized, supporting the legal aid should be institutionalized, so as to maximize the protection of the rights and interests of abused women, the realization of legal justice.