Family is the most intimate part of human life, and happiness is often the spokesman of family affection. However, tragedy often happens at that moment. Domestic violence is pitiful and outrageous, and female crimes caused by domestic violence are even more embarrassing. Why do they bring cruel harm to each other? This is a very routine question. This paper analyzes the psychological causes of female crimes in domestic violence, and puts forward some suggestions for the prevention and treatment of such crimes.
Psychological study on female crime and battered women syndrome
main body
First, the current situation of female crime
On September 8, 2004, Liu Ying of Baotou City could not bear the abuse of her husband for many years. She killed her husband at the entrance of Donghua Supermarket in Kunqu and surrendered herself. Her experience aroused sympathy from all walks of life. 108 Many people pleaded for her and hoped that the court would be lenient. After trial by the People's Court of Kunqu District, Baotou City, Liu Ying was sentenced to three years' imprisonment, suspended for five years.
What on earth made the two closest people come to such a cruel situation? Domestic violence. In 2005, the People's Procuratorate of Haidian District of Beijing investigated all female criminal suspects suspected of domestic violence and crimes in detention centers in Haidian District, Fengtai District, Shunyi District and Chaoyang District of Beijing from May to June. The results showed that the incidence of domestic violence before their arrest was 35.7%. Since the Fourth United Nations Women's Conference was held in Beijing from 65438 to 0995, domestic violence has emerged as a social problem. Despite the efforts of various experts and women's federations for several years, this phenomenon is still serious and widespread, which not only seriously infringes on citizens' personal rights, but also has an inestimable impact on the stable development of society. Domestic violence can be said to be an important source of female crime.
Whether it constitutes domestic violence should be determined by whether the violent behavior of the perpetrator has become a behavior pattern. If the victim is a little disobedient, he will be beaten or intimidated, and then he will have fear and be forced to obey again. Such behavior has constituted domestic violence. This is also the concept of our general audience.
Second, a brief analysis of female criminal psychology
The above case is just one of all cases of female domestic violence against violence. Looking at all such cases, these women who were forced to kill their husbands have basically the same violent experience, motive, behavior and psychological performance before and after killing their husbands. Here, from the psychological point of view, the female domestic violence crime is analyzed.
Psychologists have found that women won't tell anyone at first, but with the aggravation and frequency of violence, women begin to seek help from people around them, especially their relatives, and then gradually turn to the public security organs for help. However, domestic violence is different from other general injuries and crimes. It involves privacy and family, and outsiders and public security organs cannot effectively solve this problem.
Summarizing the marriage and family life of these criminal women, we will find some * * * characteristics. These women are kind women, who have lived a miserable life and suffered from domestic violence for many years. In life, their personal rights and sexual autonomy are endlessly violated in the hands of the deceased, to an extent that we can hardly imagine; The subjective malignancy of killing is small; Criminal behavior is defensive in nature. For a long time, battered women have been unable to resist domestic violence, let alone compete. They just endure blindly, and only when they fall into an unacceptable level will they fight to the death. Personal danger is small, that is, the possibility of committing a crime again is small.
When we hear about domestic violence, we always send out such angry words: run, divorce if you really can't, can't you leave him? Beat, follow him. These are the first reactions of outsiders to everything. However, Walker's learned helplessness effect explains this point well. Learned helplessness has been proved to be an enduring belief, which is closely related to physical health and mental health. People with this belief seldom turn to the outside world for help, and gradually accept their own experiences, deeply feeling that no one can help her. This reaction is similar to that in the experiment, the dog was in a state of nowhere to hide after being shocked. If you can't change or avoid it, then choose to accept it. After suffering from long-term domestic violence, abused women began to be mentally paralyzed and reluctantly accepted real life. Psychologically, this phenomenon is called battered woman syndrome, which was first put forward by Wall and applied to judicial practice in the case of Canadian Queen v. Laouali. The application of this concept is not arbitrary, but mainly based on the particularity of the main psychological and behavioral characteristics of abused women in domestic violence and anti-violence crimes. The implementation of violence against battered women mainly reflects the following psychological characteristics:
First of all, battered women usually have illusions about their abusers. Because the emergence of domestic violence often has a certain periodicity, including four links: First, the contradiction between husband and wife accumulates, the two sides are at odds, communication is reduced, and relations are tense. At this point, the perpetrator wants to suppress his violent impulse, while the victim tries to calm the anger of the perpetrator and avoid conflict. Repeated tolerance and concession will not only avoid the occurrence of domestic violence, but also encourage the arrogance of the original perpetrators. Let the original abuser think that violence can make you yield, violence can solve everything, and even become the ruler of a family. It laid the fuse for the occurrence of domestic violence. Second, the outbreak of domestic violence: the contradiction further intensified and the domestic violence finally broke out. Abusers overwhelm their partners with words, emotions and even violence, and the process is full of anger, accusations, quarrels and threats. From swearing to swearing, it is very serious for women to fall into a state of long-term and frequent violence. These include mental violence, physical injury and cruel sexual violence. Third, reconciliation and compensation: after the domestic violence, the abuser kept apologizing, feeling regret and sad, and promised never to hurt you again, "I still love you." Some abusers excused their actions, put the blame on the other side, said "you asked for it", and even denied that what happened just now was a domestic violence, saying that things were not so bad. Others will walk away. When women see the deep "repentance" of the original abuser, they are often moved. When they recall that sweetness, they will believe that they can only find various excuses. For the sake of family harmony, I also choose to endure it silently. After the domestic violence, the two sides will live in peace. When nothing happens, try to ignore everything until the next contradiction accumulation begins.
Second, women who have suffered violence have learned to be helpless. Women are in a weak position in family and society. When domestic violence happens for the first time, women will be full of fear, want to escape and try to resist. However, with the frequent occurrence of violence, they realize that all their resistance is futile and domestic violence cannot be avoided, which will lead to more cruel abuse. So I chose to accept, no longer entangled, just looking forward to the past quickly.
Due to the serious lack of legal relief and social support system, when women are subjected to violence for a long time, and when the limit of violence exceeds the tolerance limit, women on the police may feel deep despair and fear, and have the idea of fighting violence with violence. However, although the violence of abused women is indeed a life-and-death struggle, internationally, killing the abuser while he is asleep has become "the legitimate defense of abused women", but our laws do not consider it as legitimate defense.
Third, how to effectively prevent and control this crime.
When we realize that domestic violence is an important cause and influence of female violence, we should prevent domestic violence from the source and protect women's rights and interests? , reduce female crime. It is particularly important to prevent female crimes in domestic violence. I think we should start from the following angles.
First, from the surrounding relationship: women who have suffered from domestic violence for a long time will be full of fear of their own experiences, and their psychological desire will find strong support. Relatives behind women are the first people they ask for help. The help of relatives can enhance the sense of security of abused women and give them a glimmer of light in their dark lives. But it is not easy to tell the truth about being beaten, so the active intervention and support of relatives and friends is particularly important.
Second, from the legal and institutional point of view: because domestic violence is a typical family dispute, it has privacy and particularity. General law enforcers can't intervene well, and can't fully grasp the specific situation and solve it effectively. The perfection of law is not necessarily the best solution, but the intervention of law in domestic violence will play a role in restraining and improving to a certain extent. To strengthen the awareness of law enforcement officers' involvement, we should not escape the perpetrators just because of the constant involvement of privacy. For example, article 3 of the Marriage Law of the People's Republic of China stipulates that domestic violence is prohibited. Article 32 stipulates that divorce shall be granted if mediation fails under any of the following circumstances, including domestic violence. Community personnel enter the victim's home to communicate emotionally between the victim and the abuser to help them find the crux of the problem and solve it. Due to the improvement of community institutions, its role in the community is becoming more and more obvious; There are also many public welfare social organizations that provide psychological counseling and legal aid for battered women free of charge. Carry out anti-domestic violence publicity activities and establish an anti-domestic violence hotline to provide citizens with the most convenient help.
Third, from the psychological point of view of both sides: the judge of Chaoyang District People's Court in Beijing explained to reporters that the punishment after the domestic violence incident is far less important than the prevention beforehand. The key to prevention must start with its internal ideas. Enhance the sense of harmony between family members and husband and wife. For the former abuser, encourage him to open his heart, deal with disputes within the family with rational and flexible means, and give women some respect and understanding. For women, learn to coordinate the contradiction between husband and wife in clever ways and protect themselves with the power of law and family. When there is a serious domestic violence, put aside your sense of shame and seek help in many ways on the premise of protecting your personal safety.
Fourth, improve the moral culture and legal awareness of the original perpetrators, and stifle the emergence of domestic violence in the cradle. Correctly identifying the abuser is also an early defense method. Abusers and victims of female crimes often have the following characteristics: severe male superiority, extreme jealousy, lack of self-confidence and security, self-abuse or suicide in front of others, always shirking the responsibility of violence, self-centeredness, repeated remorse, psychological imbalance, being born in a violent family, and poor interpersonal communication. In the initial stage, help the perpetrators to correct or prevent, and help them correct bad ideas.
The causes and characteristics of female crimes in domestic violence show that the perpetrators themselves have great defects. Even if external influences lead to tragedies, tragedies can be avoided as long as they have certain legal awareness, know how to better protect themselves, open their hearts to solve domestic violence and seek help from people or institutions around them. Strengthening women's ideological and cultural education and improving women's modern concepts are also important means to prevent women from committing crimes.
Conclusion The patriarchal era has passed, and the new era is equal and harmonious. Respect the weak and everyone around you. Women who commit crimes in domestic violence are worthy of sympathy, and the introduction of battered women syndrome in judicial practice will provide them with more humanized trial results and show the flexibility of the law to the fullest. But after all, the means it takes is to deprive others of their right to life. Acts that seriously infringe upon the legitimate rights and interests of others are prohibited and severely punished by law. Therefore, this theory should not be allowed to become an atmosphere that encourages battered women to fight violence with violence. What we should do is to encourage the majority of female victims to take legitimate measures to protect themselves and their families and strive to build a stable and harmonious society.
refer to
[1] Selected cases of people's courts, Institute of China Applied Law Society, the Supreme People's Court, 2007, the second series, special planning, domestic violence and female crimes.
[2] Chen Min's Report on Domestic Violence for Women in China, People's Publishing House, 2007.
[3] See Chai Jing, Guangxi People's Publishing House, 20 12 edition.
[4] Zhang He: Research on Domestic Violence in China, China Social Sciences Press, 2004.
[5] Chen Min: Research on the Victims of Female Domestic Violence and Its Influencing Factors, Master's Degree Thesis of Beijing Normal University.