The "Self-Defense" Problem In Family Violence

The justifiable defense refers to the state, the public interest, the person himselfor others, property and rights from being infringed, to take the suppression ofunlawful acts. Its elements include causes, time, object time, subjective condition andstrength. In domestic violence, because of justifiable defense is too strict, the victim’srebellion is hard to think of self-defense. I analyze the establishment of the conditionof justifiable defense, and combined with domestic violence, I think, the origin ofjustifiable defense, the justifiable defense time and legitimate defense are may besome problem. At the same time, there are some problems of excessive defensesentencing.I mainly analyzed the reason of above problems. On the one hand, domesticviolence has its own particularity, including the family privacy, violence repetition,diversity of violence, the abnormal psychology, the victim’s own weakness, theseapply to self-defense theory have difficulty; on the other hand, the justifiable defenseis too strict, including defense cause too strict, defense time is too narrow, the limit ofdefense is too strict and the sentencing of excessive defense is too severe imbalance.Combined with the problems and causes, self-defense theory in domesticviolence used can be improved from the defense causes of family violence, which isregarded as long term unlawful infringement; Improved from time to time, which isappropriate to relax the defense time; Improved from the degree, which isreasonable relaxation limit of defense; Improved from the sentencing, which isfamily violence and the victim’s fault and other factors to consider in the legalcircumstance for sentencing.