Research On The Justifiable Defense Of Battered Women In Domestic Violence

The more cases of battered women in domestic violence defending their rights and interests through violence are listed in judicial practice.Through a search and analysis of 200 judicial ruling cases,9 cases were identified as legitimate defense behaviors after visual analysis.Of the 17 defended over-conduct,78 abused women have surrendered,and in the remaining cases,the abused women were found to be intentional crimes.In judicial practice,the legitimate defense of abused women is identified as having the following four characteristics.One is the dilemma of different cases being judged in the same case.The other is that long-term domestic violence is difficult to identify as the cause of defense.Defence "scales" are mostly deemed to exceed necessary limits.Due to the concealed nature of domestic violence,the repetitive nature of violence,the vulnerability of the abused women themselves,and the psychological abnormalities of the abused women,these particularities make it difficult to apply the traditional just defense theory in judicial practice,coupled with the traditional just defense theory It has its own reasons for the rigorous defense,the tight defense time,and the difficulty in identifying the defense limits,making it difficult for women who are abused in judicial practice to be regarded as legitimate defenses.Combining the above problems and reasons,the application of legitimate defense theory in domestic violence can be perfected.Through the analysis and reference of foreign abused women’s syndrome and trauma mechanisms,as well as broadening the cause of defense,relaxing the time of defense,and adopting the "General Adding"special" methods to improve the application of the legitimate scope system to abused women to "resume violence" against domestic violence.