Analysis Of Domestic Violence In The Abuse Of Women’s Self-defense Issues

Studying the issue of legitimate defense against domestic violence is of great significance in protecting the rights and interests of abused women.In practice,the court’s practice of treating abused women as intentional crimes for all acts of violence to stop violence is inappropriate in limiting the scope of self-defense,and this does not take into account the special psychological and behavioral reactions formed by abused women under long-term domestic violence.This article summarizes the current situation of traditional justifiable defense in domestic violence in recent years and points out some issues that need to be improved,such as the court’s strict determination of the actual occurrence of illegal infringement,the high requirements for the ongoing determination of illegal infringement,and the strict requirements for the determination of defense limits.It does not fully consider the motives and causes of abused women,It is difficult to recognize the act of abusive women stopping violence as legitimate defense.The theory of "abused women’s syndrome" in foreign countries explains the rationality of abused women using violence to stop violent behavior from a female perspective.It not only emphasizes the protection of the legitimate rights and interests of abused women,but also emphasizes the adherence to the principle of legal punishment for crimes,providing a more feasible path for the reduction or even exemption of punishment for abused women.Therefore,this article advocates drawing on the excellent experience of foreign countries in the judicial application of "abused women’s syndrome",taking into account the particularity of domestic violence and the subjective factors of both parties involved in domestic violence,comprehensively considering defense causes,defense time,defense limits,and other aspects,to formulate and improve the recognition standards for legitimate defense of domestic violence in China’s judicial theory,and actively safeguard the legitimate rights and interests of abused women.The research on the determination of justifiable defense in domestic violence is already very mature in theory.This article further sorts out relevant typical cases and demonstrates the necessity of appropriately reducing the determination standards of traditional justifiable defense in domestic violence from a practical perspective.At the same time,in terms of legal principles,this article draws inspiration from feminist ideas and emphasizes the weak position of women in terms of physiology,social status,historical and cultural traditions.When facing the recognition of justifiable defense in domestic violence,it is necessary to avoid formal homogenization of gender equality and adopt differentiated treatment,forming a biased protection for vulnerable women,and appropriately expanding the recognition standards of justifiable defense,in order to achieve true substantive equality.