Research On The Qualitative Problem Of "violence To Control Violence" Of Battered Women In Domestic Violence

The qualitative problem of abused women in domestic violence has not yet formed a unified opinion and standard within and outside the domain.This article focuses on those cases where the perpetrators are not aware of the symptoms of drunkenness and lethargy.Chinese scholars have also actively explored this and formed two views.The first is to use the theory of crimes or introduce the “Battered Women Syndrome” to expand the applicable conditions of legitimate defense,and try to characterize violence as a legitimate defense.The second is to introduce defensive emergency hedging,which will be incorporated into China's criminal law system,and will be characterized as violent violent behavior as a defensive emergency hedging.This paper mainly uses case analysis method,comparative analysis method and literature analysis method.By combing 15 typical cases,this paper summarizes the characteristics of violent acts committed by abused women in domestic violence and the problem of sentencing in judicial practice.By combing the views of scholars who support legitimate defense expansion,this paper finds that domestic scholars' controversy focuses on the time elements and limits of legitimate defense.Taking this as an entry point,the author focuses on the topic of "domestic violence as the overall behavior",the theory of effective defense time,and the introduction of "Battered Women Syndrome";the "only results" and social ethics of the essential elements Limitation.Refuting the above viewpoints and denying the application of legitimate defense in such cases.Then,deepen the excavation of the constitutive elements of defensive emergency hedging,starting from the three points of the essential elements,the essential elements,and the principle of complementarity,and argue that the violent violent behavior should be characterized as defensive emergency hedging.First,domestic violence is a continuing danger.Second,violence against violence is a last resort choice for battered women.Third,measure the interests of violence against violence.Battered women can carry out defensive emergency hedging to protect their right to life.In the qualitative process,we should also draw on the criteria for the periodicity of domestic violence and the acquired helplessness of the “Battered Women Syndrome”,and strictly determine the quantitative indicators.To find a solution to the problem of the violent behavior of abused women in domestic violence,and to achieve fairness and justice.