论受虐妇女综合症理论在家庭暴力案件审理中的运用

The Application of the Concept of the Battered Woman Syndrome in the Hearings of the Domestic Violence Cases

受虐妇女综合症理论是西方国家对以暴制暴的杀夫妇女减轻或免除罪责的一种理论工具。该理论通过对暴力的周性及后天无助感的分析,确立了以暴制暴的杀夫妇女构成正当防卫的理论依据。在此基础上,文章分析了该理论适用于民事域的可能性,主张暴力的周期性可以成为法官认定家庭暴力存在的基本证据。

The concept of the battered woman syndrome is a tool of mitigating penalty or remission of punishment for the battered woman who killed her husband her long time abuser in domestic violence in the western countries. This concept has given rise to the analysis of the Cy- cle of Violence and the learned feeling of Helplessness as the basis to establish evidence that the battered woman who killed her husband was acting in self-defense. Based on this western experience, this article analyses the possibility that this concept can be applied to civil cases in China. The authors argue that the Cycle of Violence provides the basic of evidence for the judge to affirm the existence of domestic violence. In so doing, a solution is found to resolve the problems of the lack of evidence in domestic violence cases.