| The phenomenon of domestic violence has existed for a long time at home and abroad,which has aroused the general attention of the society in recent years.In recent years,China has been committed to the research of anti domestic violence,experts and scholars,judicial personnel to explore anti domestic violence,and has also achieved good results.In 2015,the four ministries and commissions jointly issued the opinions on handling criminal cases of domestic violence in accordance with the law(hereinafter referred to as the opinions),which makes it clear that when encountering domestic violence,if the victim stops it within the scope permitted by law,it should be regarded as justifiable defense.At the same time,it also makes provisions on the measurement of punishment,which can be regarded as the progress of legislation.But there are still some unavoidable problems.The cases of domestic violence are complicated and various in forms,but the judicial practice does not make a specific analysis of the cases,and it is unreasonable to regard all the "violence against violence" cases as intentional crimes.If we counterattack the ongoing domestic violence,and the counterattack behavior meets the requirements of the law,there is no doubt that it should be recognized as justifiable defense according to law.In practice and theory,there are two kinds of disputes,that is,in order to prevent the victims of long-term domestic violence from being infringed again,the victims of long-term domestic violence revolt in the interval when the perpetrators are unprepared,and when domestic violence is frequent and the victims are seriously threatened.We need to discuss and study them carefully.As for the determination of justifiable defense in domestic violence cases,China’s justice still highlights the conservatism.This paper holds that we should fully understand the justifiable defense system,fully consider the particularity and concealment of domestic violence cases,and the inequality of both sides of domestic violence,and analyze the specific cases.We should boldly and decisively determine the justifiable defense,so as to make the judgment fair,In line with the public’s expectations of fairness and justice.This paper holds that we should fully understand the justifiable defense system,fully consider the particularity and concealment of domestic violence cases,and the inequality of both sides of domestic violence,and analyze the specific cases.We should boldly and decisively determine the justifiable defense,so as to make the judgment fair,In line with the public’s expectations of fairness and justice.By elaborating the relevant concepts and summarizing the focus of disputes with the help of cases,this paper leads to the different views of theories and the problems faced by judicial practice.Then,starting from different situations,this paper expounds the different behaviors involved in different types of cases and the different results,and makes a comprehensive analysis of the different categories,Finally,different conclusions are drawn.In order to consider both rationality and social acceptability while considering legitimacy. |
