Research On The Identification Of Legitimate Defense In Domestic Violence

Domestic violence cases occur frequently in China,and the degree of harm is gradually increasing.In current China,domestic violence is obviously no longer a simple ethical issue that can be solved within the family.The existence of domestic violence not only destroys the harmony of family relations,but also threatens the harmonious order of the whole society.With the promulgation of the“Anti-Domestic Violence Law”,our country has officially entered the road of regulating the illegal act of domestic violence.In the process of restraining domestic violence,the identification of legitimate defense in domestic violence is very important,which is related to whether the victim can effectively defend himself and combat illegal violations.Based on our country’s criminal law theory and judicial practice,this paper briefly analyzes domestic violence defense behaviors,and by sorting out and learning from domestic and foreign legislative and judicial practice experiences,it aims to identify the dilemma of legitimate defense in domestic violence cases effectively.It gives perfect countermeasures to better safeguard the legitimate rights and interests of victims,in order to provide more mature theoretical support for the identification of legitimate self-defense in practice,and to provide a more complete theoretical guarantee for social harmony and stability.This paper includes introduction,main body and conclusion.The main body is divided into five parts.The first part is “Overview of Defensive Behavior in Domestic Violence”.This section introduces the concepts and types of domestic violence and its defensive behaviors.Firstly,the concept and types of domestic violence are explained,and domestic violence is defined;secondly,the concept of defensive behavior in domestic violence is introduced,and the defensive behavior is classified according to the different injury results caused by the behavior.The second part is “Justification of Domestic Violence Defense Behavior”.This part firstly demonstrates the justification of self-defense,and analyzes it with the theory of legalization of self-defense as the theoretical basis for the legalization of domestic violence defense behavior,and finally draws a conclusion that domestic violence defense behavior is justified.The third part is “Analysis of Elements of Domestic Violence Defense Behavior”.The traditional self-defense theory consists of five behavioral elements: cause element,subjective element,object element,time element and limit element.This part first expounds that domestic violence defense behavior has special defense factors that are different from general defense behavior,that is,the situation of domestic violence and the perspective of defense cognition.Then it discusses the defense causes,defense intentions,defense objects,defense time and defense limits of domestic violence defense behaviors,and analyzes them one by one with each element of the theory of justifiable defense.The fourth part is “the dilemma of applying traditional justifiable defense theory to domestic violence defense behavior”.Domestic violence defensive behavior is in line with the theory of justifiable defense.However,there are certain difficulties in applying the theory of justifiable defense in domestic violence cases,mainly focusing on the identification of the defense cause,defense time and defense limit of the victim’s defense behavior.Combining three typical cases in practice,this part puts forward the main application dilemma of traditional justifiable defense theory in domestic violence defense behavior.The fifth part is “Perfect Countermeasures to the Dilemma of Self-Defense Identification in Domestic Violence Cases”.This part succeeds the fourth part.On the basis of the theory of justifiable defense,in view of the difficulties in applying the theory in domestic violence cases,it puts forward the perfect countermeasures for the determination of the cause of defense,the time of defense and the limit of defense,hoping to resolve the problems of the defense of domestic violence.Identifying violent behaviors in practice has effectively protected the legitimate rights and interests of victims of violence.