On The Application Of Legitimate Defense Of Female Victims In Domestic Violence Cases

Domestic violence has been a headache for us since ancient times.In traditional Chinese thought,family affairs are private affairs,and shameful family affairs are difficult to tell outsiders,so most of the victims suffer the injuries in silence.However,the victim's tolerance is also limited.They can withstand it once or twice,but if the torture lasts for a long time,the end result is that the abuser will seriously hurt or kill the perpetrator in an intolerable situation,whether it is Which kind of results are we do not want to see.Women are often injured in domestic violence.In recent years,most female victims have been imprisoned because of the death or injury of the perpetrators during domestic violence,and this situation is increasing.China did not consider the strength and gender differences of men and women when establishing a justifiable defense system.As a law-abiding country,Chinese judges often judged that female victims of domestic violence were not legitimate defenders.Female victims generally take extreme measures to get rid of the violence they have suffered during domestic violence,and there are endless cases of "violent violence".Female victims become intentional killers and are punished.In recent years,domestic violence has caused various criminal cases.Some female victims have been unable to tolerate that their husbands have been violently abusing themselves and killing their husbands.They have also attracted widespread attention in the field of criminal law.China's traditional just defense theory is difficult to apply to special domestic violence environments,and there is no uniform lightweight standard.As a result,there will be large differences in the judgment of the same case,which brings many urgent problems to judicial practice.s concern.While in-depth research on such issues,they also made reference to foreign theoretical research.Nowadays,the problem of "violent violence" in domestic violence cases has become increasingly serious,and the public's punishment of abused women in judicial practice is also unconvincing.The author hopes to put forward his limited understanding of whether the defense of female victims in domestic violence is appropriate for proper defense.This article consists of five parts: The author starts with analyzing two cases.The first case is an intentional injury case that is deemed to be a legitimate defense in a domestic violence environment,and the second case is not considered as a domestic violence environment.The deliberate homicide case of legitimate defense,through a comparative analysis of these two cases,further reflects the dilemma of “same case but different sentence” in domestic violence cases;the second part mainly analyzes the defense of female victims in domestic violence.Starting from domestic violence,the meaning of domestic violence and the characteristics of domestic violence were analyzed,and then from the perspective of female victims,the forms and characteristics of female victims' resistance to domestic violence were analyzed.The third part discusses the traditional justifiable defense theory and its problems in the special environment of domestic violence.This section first briefly analyzes the concept and constituent elements of legitimate defense,and then analyzes the challenges of domestic violence to legitimate defense.Then consider from the perspective of the constituent elements of legitimate defense,and analyze and discuss from the causes,limits,time,and legislative standards.The fourth part is to analyze and learn from the legitimate defense in the domestic violence cases.Generally speaking,there are two main theories of applying justifiable defense in domestic violence cases abroad,namely the theory of battered women syndrome and the theory of expected possibility.The "Battered Women's Syndrome" theory states that the "immediate" standard of time conditions does not apply to recurring violence,and the theory of anticipatory possibility holds that it is difficult for a woman who has been subjected to long-term domestic violence to make a peaceful counterattack,so Does not bear criminal responsibility;in the fifth part,after analyzing the reasons why proper defense is difficult to apply in the special environment of domestic violence,this article analyzes the countermeasures that can be taken to solve these problems,and starts from the two levels of legislation and justice.Solutions to effectively protect the rights and interests of battered women.