The collegial panel also needed to further verify Liu Yan's identity, and the presiding judge ordered, 'The witness should hand over your ID card and proof of work to the bailiff on duty.' ‘

Liu Yan handed over the materials to the bailiff on duty. The presiding judge then ordered: 'Please ask the bailiff on duty to hand over the witness's ID card and work unit certificate to this court for verification. ‘

The collegial panel examined Liu Yan's identity materials and confirmed that Liu Yan had specialized knowledge and was an expert on domestic violence.

The presiding judge then explained to Liu Yan the rights and obligations to appear in court to testify: 'Witness Liu Yan, this court informs you of the rights and obligations of witnesses.

Witnesses enjoy the following procedural rights in litigation: 1. They have the right to testify in their own spoken and written languages; 2. The right to consult the testimony record, and if there are errors or omissions, the right to correct or supplement them.

While enjoying the above-mentioned procedural rights, witnesses shall bear the following procedural obligations: 1. The obligation to testify truthfully. If you intentionally commit perjury, you will be held legally responsible. 2. Truthfully answer questions raised by adjudicators, parties, and their agents ad litem on witness testimony. 3. Abide by court discipline and obey the command of the adjudicators. ‘

Do you understand the rights and duties of witnesses? ‘

Liu Yan nodded to make it clear, and replied loudly: "I understand! ‘

'Witness Liu Yan, please use your professional knowledge to truthfully answer the relevant questions of the prosecution and defense and this court! ”

Before appearing in court, Li Chao had already communicated with Liu Yan, and the purpose of his testimony was: first, to provide professional opinions on the determination of domestic violence and the characteristics of the behavior involved in domestic violence crimes; The second is to focus on explaining the rules of domestic violence victims when they violently resist, and explain whether Yao Lianhua's excessive victimization is a heinous circumstance and cruel means.

At this moment, Liu Yan replied confidently, in a professional tone, with full confidence: "Dear judge, I have been engaged in the research of domestic violence at the Gender Violence Research Center of the Chinese Women's Federation since 1985, and I have a certain understanding of the field of domestic violence.

As an expert witness to testify in court today, I will definitely answer questions from all sides from a professional point of view! ”

The presiding judge was noncommittal and directly announced, "Now the defense lawyer will question the witnesses." ”

Li Chao's eyes lit up with excitement, and it was finally his turn to show his strength, and he must ask questions to clearly show the characteristics of domestic violence victims to fight violence and clean up the stains on Yao Lianhua's body.

Li Chao immediately asked: "Director Liu, could you please explain what domestic violence is, and whether Ye Tianlong's beating of Yao Lianhua for 15 years in this case is domestic violence?" ”

This is the basis of this case, and the cornerstone of Li Chao's defense is Ye Tianlong's domestic violence. Therefore, Li Chao's first question was to clarify whether the beating and abuse suffered by Yao Lianhua belonged to the category of domestic violence.

Liu Yan slowly explained, with a magnetic voice that made people listen carefully.

"Domestic violence refers to acts that occur between family members and cause physical, mental, or sexual harm or destruction to family members by beating, binding, confining, mutilating, or other means. Domestic violence acts directly on the victim's body, causing physical or mental distress to the victim and undermining his or her physical health and human dignity.

To determine whether domestic violence exists, the first is to grasp the essence and purpose of domestic violence. Regardless of the perpetrator's behavior, the purpose of committing domestic violence is to achieve control.

Domestic violence is the act of one party using violent means to harm the other party for the purpose of control, so that the other party is forced to obey. In short, if I want you to go, you have to go; If you don't want to go, you can't go; Whatever I want you to do, you have to do. And you can't say half a 'no', otherwise you're going to be violent.

Therefore, the purpose of violence is to accuse the perpetrator of violence because he is unwilling to break up, and the purpose of the abuser is not willing to leave, and the purpose of the abuser is to force the victim to leave through violence.

Every time the abuser beats the victim, he may find various forms of reasons, such as dressing ostentatiously, going to KTV, and dishonoring his parents, but the essence is to control the victim.

In this case, Ye Tianlong often beat Yao Lianhua, and his purpose was to accuse her, which is in line with the essence of domestic violence. At the beginning, Ye Tianlong prevented Yao Lianhua from divorcing, so he was violently beaten and forced him not to leave. Later, Ye Tianlong made a fortune and there was a woman outside, and he wanted to drive Yao Lianhua away, so he violently drove Yao Lianhua out of the house.

To determine whether there is domestic violence, the second is to analyze whether there has been a complete cycle of domestic violence. Domestic violence has its own cycle, which is generally divided into three stages.

The first stage is a period of violent tension. At this stage, the relationship between the two people becomes more and more strained, and the abuser will lose his temper, smash things, and push the victim over a trivial matter. If the victim is able to meet the perpetrator's demands in full, the violence may be postponed temporarily, but it will not ultimately prevent the violence.

Domestic violence has its own laws of development, after which it will inevitably enter the second stage, that is, the outbreak of violence. At this stage, the severity of violence increases, and beatings and physical violence (kicking, pushing, attacking with objects, burning), sexual assault, intimidation, and threats to life are more common at this stage.

At this time, the battered party will have some resistance, not necessarily physical, which may be expressed as running away from home, returning to his parents' home, or asking for a divorce, etc., so the domestic violence will then develop into the third stage, that is, the honeymoon phase.

At this stage, the abuser may admit his mistake, accompanied by behaviors such as buying gifts and apologizing, at this time, the relationship between the abuser and the victim will be relaxed, and even the expression will be sweeter. However, this phase will not last long and will soon re-enter the tense period.

We generally define a woman who has been in a violent relationship for two cycles and fantasizes that her husband can change and stop beating her as a violent woman.

In this case, it is clear that Yao Lianhua has repeatedly gone through multiple cycles of domestic violence and is a battered woman. And for a long time in the second stage, Daozhì Yao Lianhua simply can't bear it anymore. ”

In the end, Liu Yan asserted affirmatively: "From the perspective of purpose and essence, Ye Tianlong beat Yao Lianhua for a long time in order to achieve his goal of controlling Zhan. From the perspective of the development cycle of domestic violence, the interaction between Ye Tianlong and Yao Lianhua has gone through many rounds of cycles, and Yao Lianhua has always been beaten.

Therefore, we can judge that Ye Tianlong has been committing domestic violence against Yao Lianhua for a long time, and Yao Lianhua belongs to the victim! ”

Experts are experts, after analyzing the nature and development stages of domestic violence in simple terms, everyone suddenly realized that everyone thought that Ye Tianlong beating Yao Lianhua every day was a domestic violence, which was just an intuitive perceptual analysis, and Liu Yan directly grasped the essence and development stage to analyze, which made people suddenly enlightened! Everyone in attendance nodded in convincing.

Li Chao was also unconsciously happy in his heart, it seems that the effect of inviting Liu Yan to appear in court is different, and the expert's speech has a certain height and depth, which makes people happy and convincing.

After establishing the foundation for domestic violence, Li Chao began to set out for the purpose of proof, and Li Chao asked sharply: "Director Liu, how will the victims of violence deal with long-term domestic violence?" Are there several common coping patterns? ”

All questions are professional knowledge, which is Liu Yan's best field. Immediately, Liu Yan replied with a fluttering eyebrow: "Under the shadow of long-term violence, there are three most common behavior patterns of violent people: the first is to endure all kinds of violence for a long time and do not resist; the second is that they can't bear the hurt and choose to commit suicide; The third is for oneself and family members to be protected from domestic violence. Rise up and fight violence to kill the perpetrators. ”

After saying the third point, Liu Yan deliberately paused, raised her voice again, and emphasized in particular: "And once the victim resists by countering violence with violence, he must kill the other party!" ”

Everyone was shocked when they heard it, once the victim adopts the method of countering violence with violence, it is murder, isn't this alarmist?

Shanruo, Xu Ling, the members of the collegial panel, and the people who were watching all had a question in their hearts, whether Liu Yan was appalling or if this was really the case.

Immediately about to cut to the crux of the problem, Li Chao asked excitedly: "Director Liu, please explain why once the victim of violence resists by violence, he must kill the other party for the purpose of killing the other party!"

Liu Yan's face was solemn and explained in detail: "The reason why this is the case is mainly determined by the characteristics of domestic violence, domestic violence is different from ordinary violence, ordinary harm is a one-time act, as long as it happens once, there will be various remedies such as the police to intervene, so it will not happen repeatedly."

In many cases, domestic violence is resolved as a family dispute, and the channels for relief are not smooth, so it will never stop because it is stopped once, on the contrary, it will always recur, and even worsen.

Because the victim has been subjected to domestic violence for a long time, he is more aware of these situations and is unable to get rid of them. At the same time, the victims' understanding and prediction of the perpetrator's behavior are also different from those of ordinary people, and they know that if their resistance only temporarily makes the perpetrator lose the ability to fight back, once the perpetrator recovers, they will definitely face further retaliatory punishment.

Therefore, under normal circumstances, as long as the victim begins to resist violence with violence, it must be for the purpose of killing the perpetrator, and it is for this reason that excessive harm has become a more typical feature of the victim's victimization behavior. ”

Liu Yan's explanation made everyone learn again, it turned out that the hidden characteristics of domestic violence were the root cause of the homicide, and everyone naturally deduced that Yao Lianhua's killing of Ye Tianlong happened completely when he was unbearable and had no choice.

After listening to Liu Yan's analysis, everyone has an idea that unblocking the rescue channels for the victims is the key to avoiding the recurrence of the tragedy! R1152