Research On Defensive Emergency In DV Counterattack Killings

At present, the criminal evaluation for DV counterattack killings, inside and outside the domain does not form a unified opinion. Domestic scholars has carried on the positive exploration, has form ed two different views: one is the claim based on "the battered woman syndrome" expert testimony and expansion of justifiable defense explain that established DV against killing justifiable defense; Second, draw lessons from Germany’s emergency actions theory and judicial practice experience, ad-cate that DV defensive emergency actions against killing was founded. In this paper, according to th e features of DV counterattack homicide cases, combined with China’s "criminal law" law regulation of self-defense, emergency hedge, and punishment law related theory, established DV counterattack killings justifiable defence opinion in reason due to the concept "the water", the standard error scope of transplantation, blindly expanding interpretation and not realistic, DV on the offensive killings to meet emergency actions established condition, the defensive necessity of excavation and applicable.Based on literature research, comparison research as the main research method, with defensive emergency actions in DV counterattack homicide cases apply for exploration targets, the full text, in turn, is divided into DV and DV retaliate murder case, the DV killings of criminal evaluation system of emergency actions, Germany and the DV counterattack in the murder case for three parts. The f-irst part of the article made clear the concept and nature of the DV, DV counterattack murder case established condition are summarized, as later DV counterattack is the basis and premise of homicid e cases discussion; In second part summarizes the judicial and theoretical status quo of this kind of case in our country, on the basis of successively from head-on the DV counterattack murder case sha ll not apply to the justifiable defense system was established and the cause of the defensive necessity; The third part of the German system of emergency actions and its applicable in DV counterattack killings are introduced and analyzed, aimed at further argument defensive necessity theory can be applied in the DV counterattack homicide cases.The innovation of this article mainly has the following points: one is the first time made clear th at DV counter the characteristics of the killings, the condition of DV counterattack homicide cases m ay be limited; 2 it is according to the features of DV counterattack killings, emergency actions in our country’s "criminal law" regulation, as well as "worth protecting the victim interests fall says" criminal law theory, argument DV counterattack homicide cases has set up a defensive emergency action s each requirement, get emergency actions can be used as a justification for DV against killing concl-usion; 3from Japanese documents unearthed in Germany the system solve the DV counter emergenc-y actions homicide case, comparative study enriched the relevant information. This article not only apply to emergency actions DV counterattack killings, made an active exploration of system feasibili ty, as well as the emergency safety system in China by excavation, the defensive necessity type of h-ope that the content of this article is not only for our DV counterattack killings criminal evaluation pr-ovides the resources, at the same time can also result in academic circles on the defensive necessit-y theory more attention and in-depth discussions.