On The Determination Of Self-defense In Domestic Violence

Nowadays,the economy and society are constantly developing,but the protection of rights is lagging behind.Many women's personal safety cannot be effectively protected and they are constantly being violated.The reason is largely due to the generally weak awareness in the society.Most abused women suffer from the influence of traditional ideas and believe that family ugliness cannot be advertised.Our traditional ideas also require that outsiders try not to get involved in their family problems.Although many rights-conscious women have resorted to public security or courts for violations,the relevant public officials have not paid much attention to them,do not consider the violations to be domestic violence,and usually end their mediation.Therefore,in order to get rid of endless domestic violence,abused women often prevent their husbands from committing the next violence by "violent violence".Through combing analysis of related theories,we can find that: when faced with domestic violence,the abused woman can carry out proper defense;before or after the perpetrator's violence,the abused woman's behavior when she is not ready to kill her is not in line with legitimate defense Generally,the time requirements cannot be prevented from breaking the law.There is little controversy about whether the former can establish justifiable defense,but there are many discussions in the academic circle about whether the latter can establish justifiable defense.Some advocate the expansion of time conditions,and some advocate the introduction of "battered women's syndrome".In short,domestic violence has its particularity for general violence,and the determination of legitimate defense in domestic violence should still be based on the specific circumstances of each case.Aiming at the above problems,this article aims to draw on the theoretical experience of relevant scholars,combined with the current state of China's judicial practice,to make some suggestions for the accurate application of legitimate defense in domestic violence.