Case Analysis Of Women's Right To Defense In Domestic Violence

The phenomenon of domestic violence is very serious and prominent in our country.Families with domestic violence account for about 30% of the total number of families in the country,and 90% of the perpetrators are men,which has become a prominent problem seriously affecting social harmony.In recent years,various against family violence crimes are on the increase,because in the special environment,the domestic violence victim against domestic violence behavior is difficult to be considered justifiable defense,the heavy in the judicial practice of sentencing is not in conformity with the public justice emotion,the conflict between justice and public opinion.By analyzing ryu intentional homicide,according to the constitutive requirements and the legitimation of justifiable defense according to,in the hope of the topic,to the improvement of the system of justifiable defense in domestic violence to provide a little help,also guide the violence against women in the law allows the scope and limits of the right,the right to defense the victims of domestic violence can effectively stop the violation,but also can protect the legitimate rights and interests,maintaining social order function more efficiently.Through the analysis of the typical cases,it can be seen that there are some deficiencies in the current legislation of justifiable defense in China,which is embodied in the causes and time conditions of defense being too rigid,the limits of defense being too strict and the unbalance of punishment.Due to the lack of legislation,it is difficult to apply the traditional self-defense theory in domestic violence,which is not conducive to the protection and protection of the rights and interests of vulnerable women.Based on this,it is necessary to further improve the provisions of the criminal law on the domestic violence self-defense rights,and introduce separate provisions or new judicial interpretations on domestic violence self-defense in the legislative aspect,so as to make the application of domestic violence self-defense legitimate.In the judicial aspect,when dealing with the domestic violence defense cases,the status of women in domestic violence cases should be fully considered,and the defense should be fully balanced,so as to better realize the protection and protection of the rights and interests of vulnerable women,and reflect the unity of justice and public opinion.