Why is "fighting violence with violence" a criminal case involving domestic violence?

The perpetrators of domestic violence who "respond to violence with violence" are mainly women who have suffered from domestic violence for a long time (the possibility of men suffering from "violence with violence" cannot be ruled out). As a vulnerable party to domestic violence, the physical and mental harm caused by domestic violence and the lack of a legal aid system are the main reasons for "fighting violence with violence." In families where women are victims of domestic violence, some women are afraid to file for divorce for fear of being further hurt. Under the conditions of long-term physical and mental trauma, the behavior of "fighting violence with violence" often presents the particularity of the criminal environment and reasons. Generally speaking, this kind of crime is not very harmful to society.

In terms of judicial protection after receiving calls for help from domestic violence, the government and the Women's Federation often define such incidents as domestic disputes. Under the influence of traditional perceptions of marriage, domestic violence is more likely to be ignored if the victim is a male. When social security is difficult to access, victims may even be ridiculed or discriminated against by others.

In domestic violence, in the case of long-term abuse, the weak party usually ends his life of abuse by "fighting violence with violence", but what he eventually encounters is legal sanctions. Criminals often deserve everyone's sympathy and pity. Paying attention to the special criminal group of domestic violence and homicide, giving them fair and just sentences, and protecting their due rights have important social and practical significance. This article explains the current situation and harm of domestic violence, analyzes the causes of violence, and pays attention to the special criminal group of domestic violence homicide from the perspective of criminal law. Starting from the situation that the punishment for homicide is generally heavier, based on our country's principle of commensurate crime and punishment and the criminal policy of combining leniency with severity.

Learn from the foreign theory of "Battered Women's Syndrome", fully consider the motives and reasons for killing, and seek a legislative spirit and system model to deal with it in our country. The Supreme People's Court has formulated a special judicial interpretation, formulated corresponding sentencing ranges, considered formulating relevant judicial interpretations and case handling procedures, and clarified them in the proposed criminal judicial interpretation, which fully reflects the significance of my country's criminal policy of combining leniency with severity.