Research On Domestic Violence Defense

The problem of domestic violence has been around for a long time,and it has caused a wide range of contradictions,causing extremely bad influence on social life.Although China has promulgated the "PRC Anti-Domestic Violence Law" in 2016,the problem of domestic violence has been difficult to contain.The root cause is affected by our traditional ideas.Domestic victims often do not actively seek help from outsiders.It is difficult to actively intervene,which makes it difficult to expose domestic violence and punish the violent person,greatly reducing the cost of illegal and criminal acts,making the violent person fearless and repeatedly committing violence against family members.For the long-term domestic violence strikes,the perpetrators are severely injured both physically and mentally,and in the end it is often unbearable to act rebelliously,causing serious harm.Since domestic violence occurs within the family,it is more difficult for the outside to intervene in the investigation.The Chinese law itself is relatively lacking in the definition of domestic violence defense.In practice,it is recognized by the standard of general legitimate defense,and does not consider the impact of the characteristics of domestic violence on the determination of defense behavior.It makes it difficult to accurately define the defensive behavior of the perpetrators,and finally reduces from a victim of domestic violence to a criminal suspect,and innocent people are punished by law.Therefore,it is necessary to conduct research on the proper defense of domestic violence to guarantee the defendant's right to defend against domestic violence.This article analyzes the current domestic violence justification defense,finds out that the domestic violence justification defense is insufficient in legislation and judicial practice,and perfects the domestic violence justification defense standard.Then,through the improvement of legislation on recognition regulations and the enhancement of the guarantee of domestic violence due defense certification in judicial practice,it is ensured that domestic violence legitimate defense is accurately identified,and that the rights of legitimate defense of domestic violence defenders are effectively implemented.