受虐妇女以暴制暴犯罪的量刑问题分析

发布时间：2018-05-02 22:15

本文选题：受虐妇女以暴制暴犯罪量刑 + 受虐妇女综合征　；参考：《山东大学》2017年硕士论文

【摘要】：家庭暴力一直是一个世界性的热点问题,其给受虐人(主要是妇女)带来的身体伤害和精神伤害都是巨大的,甚至引发了受虐妇女从受害人到犯罪人的"恶逆变",这也是受虐妇女杀夫的案件近几年频繁出现在公众视野中的原因。由于这类案件的特殊性,我国对该问题一直保持高度关注,致力于使犯罪的受虐妇女得到公正的处罚,并从根本上减少此类犯罪的发生,《反家庭暴力法》的出台便是该工作取得阶段性成果的最好证明。但是还应看到的是我国新出台的《意见》中虽然肯定了防卫因素和过错责任,但是对于案件中成立正当防卫的要求仍然较高,对于将受虐妇女综合征作为放宽成立正当防卫的要件仍未作出正面回应;我国司法实践中对这类案件量刑不一,甚至差异很大,大多数案件都量刑畸重,基本上适用的是故意杀人罪的第一法定刑幅度,不仅超出人们心里预期,也不利于受虐妇女积极进行改造,重新回归社会。受虐妇女以暴制暴犯罪的发生与社会救济与保障制度薄弱、经济因素困扰,生活环境氛围影响等多种因素相关,综合实践中的大量案例来看,受虐妇女的人身危险性和社会危害性都较小,她的暴力只针对于施暴人,这样一类人服刑期限过长,一方面造成了司法资源的浪费,一方面不利于她们完成赡养老人和抚养子女的责任。因此,本文在阐述受虐妇女以暴制暴犯罪的现状、成因的基础上,针对以暴制暴犯罪量刑现状中所反映的问题,结合当前理论界对于减轻此类犯罪量刑的几种观点,分别是受虐妇女综合征与防卫过当、期待可能性、酌定量刑情节等,从理论自身是否适用于受虐妇女以暴制暴案件以及如果适用该如何适用案件作了分析,以寻求受虐妇女以暴制暴犯罪能够减轻量刑的最好出路。本文的创新点在于对于受虐妇女以暴制暴犯罪的相关量刑因素作了比较全面的分析,对相关理论的应用性作了探讨,并且从刑事责任能力角度提出了减轻受虐妇女量刑的思路。
[Abstract]:Domestic violence has always been a worldwide hot issue, and the physical and mental harm it brings to the victims (mainly women) is enormous. It has even caused the malevolence of battered women from victim to criminal, which is the reason why the murder cases of battered women frequently appear in public view in recent years. Because of the special nature of such cases, our country has been paying high attention to the problem and is committed to fair punishment for battered women who commit crimes. And fundamentally reduce the occurrence of such crimes, the introduction of the Anti-domestic violence Law is the best proof of this work has achieved stage results. However, it should also be noted that although the defense factor and fault liability are affirmed in the newly issued "opinions" of our country, the requirements for establishing legitimate defense in the case are still relatively high. There is still no positive response to taking battered women's syndrome as an element of relaxing legitimate defense. In our judicial practice, the sentencing of this kind of cases is different, or even quite different. Most of these cases are extremely heavy. What basically applies is the first legal range of punishment for intentional homicide, which not only exceeds people's expectations, but also is not conducive to the active transformation of battered women and their return to society. The occurrence of violent crime against battered women is related to many factors, such as weak social relief and security system, perplexing economic factors, and the influence of living environment. The physical and social dangers of the abused woman are relatively small. Her violence is directed only at the perpetrators of violence. Such a group of women serve too long sentences, which on the one hand results in a waste of judicial resources. On the one hand, it is unfavorable for them to fulfill their responsibility of supporting the elderly and raising children. Therefore, on the basis of expounding the present situation and causes of violent crimes committed by abused women, this paper aims at the problems reflected in the present situation of sentencing for violent crimes, and combines with several viewpoints of current theoretical circles on reducing the sentencing of such crimes. They are masochistic women's syndrome and overdefense, expectation possibility, discretion of sentencing circumstances and so on. It analyzes whether the theory itself is applicable to cases of abused women using violence and, if so, how to apply the case. In order to seek the best way for battered women to punish violence by violence, the sentence can be mitigated. The innovation of this paper lies in the comprehensive analysis of the relevant sentencing factors of the violent crime committed by abused women, the discussion of the application of relevant theories, and the thought of reducing the punishment of abused women from the angle of criminal responsibility ability.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.3

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