On Justifiable Defense In Domestic Violence

Family violence since ancient times is a global problem,Received extensive attention all over the world,the legal regulation of China family violence compared to other developed countries later,in the past,our country has been on family violence with tolerant attitude,That official to break housework,Human rights consciousness is in with the development of the society,,Family violence is not only a family problem but also a social stability,the protection of human rights.More and more family violence phenomenon also makes more and more women victims by the victims turned into a criminal,and our country’s traditional self-defense theory is difficult to apply in this particular violence,have unified light punishment standard,often appear in the same case last sentence is very different,To the judicial practice has brought many problems to be solved,These problems have attracted the attention of scholars,Scholars have done a lot of research on these problems,and on foreign theory is introduced and the introduction of,China’s national conditions have achieved some success,but these are still difficult to meet the urgent needs of the judicial practice.Based on this,this article determined the justifiable defense in domestic violence this thesis,Hope can make a contribution to theory and practice..This article consists of three parts: In the first part,starting from the domestic and foreign perspective,the concept of domestic violence were introduced,and then introduces the characteristics and harm of domestic violence,and then introduces the basic theory of justifiable defense and the concept of family violence under the environment of justifiable defense,and through the case of the form of self-defense in the family the violence "co different sentence" dilemma.In the second part mainly talked about violence in the family in apply theory of justifiable defense in a tough position,had problems in sentencing the differences from the application conditions of the cause of violence in the family environment for self-defense whether there is illegal violation are discussed and limits conditions,time conditions and the current imbalance in sentencing defense,light punishment standards are not unified in the address.The third part is the justifiable defense and its application in domestic violence.In view of the above problems,some suggestions are put forward.The author thinks that the cause of the condition of justifiable defense shall be applicable,should be combined with the specific circumstances to relax limit conditions for the flexibility of time different treatment of different situations can not blindly relax.In the end,the familiar battered woman syndrome "has been in the field of family violence in our country,through the understanding of it,it should be recommended to the theory of China’s domestic violence" violence "in the case,in order to battered women rights can be fully guaranteed,will be the fault of the victim to the statutory sentencing the plot to balance the sentencing in judicial interpretation way to unify the light punishment standard.