Purpose <p>China’s first Anti-Domestic Violence Law came into force in 2016, refining the third-party intervention mechanisms for combating domestic violence. However, since its implementation, although there has been a considerable decrease in overall incidents of domestic violence, there has been no significant reduction in the annual occurrences of spousal homicides committed by battered wives. This suggests that the current intervention mechanisms might not provide these battered women with sufficient support, potentially leading to their transition from vulnerable victims to being accused of homicide. This study aims to analyze the role of third-party intervention mechanisms in these spousal homicides and identify potential enhancements within Chinese law to mitigate such tragedies.</p> Method <p>This study conducts an empirical research on the role of third-party intervention mechanisms in 162 spousal homicide cases in China from 2012 to 2020. Our exploration of interventions spanned the entire progression of these spousal homicides, encompassing two phases: the domestic violence management phase before the act of homicide and judicial proceeding phase following the act of homicide. Emphasis was placed on examining three key front-line intervention entities: the police, the Women’s Federation, and the Villagers’ Committee.</p> Results <p>This study reveals that the majority of the battered women who killed their abusive husbands were from rural areas, with an average marriage duration of 18.7 years. In about 75% of cases, the intervention mechanism was not activated. In the remaining 25% where interventions did occur, these mechanisms played a limited role in in stopping the continuation of domestic violence. However, it was found that during the subsequent judicial proceedings, third-party interventions significantly reduced the length of imprisonment imposed on defendants by 46.3% (1-0.537) compared to cases without third-party interventions.</p> Conclusion <p>This study reveals the varied roles of current third-party intervention mechanisms in different phases of spousal homicide cases committed by battered wives in China. It underscores the necessity to refine the initiation strategy for these mechanisms, establish a collaborative framework that integrates diverse intervention entities from prevention to judicial response. Additionally, the study highlights the importance of allocating more resources for third-party interventions against domestic violence in rural areas.</p>

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An Empirical Study on the Role of Third-Party Intervention in Spousal Homicides Committed by Battered Wives in China

  • Yi Weng,
  • Ke Li,
  • Yang Feng

摘要

Purpose

China’s first Anti-Domestic Violence Law came into force in 2016, refining the third-party intervention mechanisms for combating domestic violence. However, since its implementation, although there has been a considerable decrease in overall incidents of domestic violence, there has been no significant reduction in the annual occurrences of spousal homicides committed by battered wives. This suggests that the current intervention mechanisms might not provide these battered women with sufficient support, potentially leading to their transition from vulnerable victims to being accused of homicide. This study aims to analyze the role of third-party intervention mechanisms in these spousal homicides and identify potential enhancements within Chinese law to mitigate such tragedies.

Method

This study conducts an empirical research on the role of third-party intervention mechanisms in 162 spousal homicide cases in China from 2012 to 2020. Our exploration of interventions spanned the entire progression of these spousal homicides, encompassing two phases: the domestic violence management phase before the act of homicide and judicial proceeding phase following the act of homicide. Emphasis was placed on examining three key front-line intervention entities: the police, the Women’s Federation, and the Villagers’ Committee.

Results

This study reveals that the majority of the battered women who killed their abusive husbands were from rural areas, with an average marriage duration of 18.7 years. In about 75% of cases, the intervention mechanism was not activated. In the remaining 25% where interventions did occur, these mechanisms played a limited role in in stopping the continuation of domestic violence. However, it was found that during the subsequent judicial proceedings, third-party interventions significantly reduced the length of imprisonment imposed on defendants by 46.3% (1-0.537) compared to cases without third-party interventions.

Conclusion

This study reveals the varied roles of current third-party intervention mechanisms in different phases of spousal homicide cases committed by battered wives in China. It underscores the necessity to refine the initiation strategy for these mechanisms, establish a collaborative framework that integrates diverse intervention entities from prevention to judicial response. Additionally, the study highlights the importance of allocating more resources for third-party interventions against domestic violence in rural areas.