Research On Domestic Violence Justifiable Defense

Domestic violence is a long-standing general phenomenon in the world, it even becomes the focus for recent 30 years, both governments and experts and scholars on against violence studies, and yielded results. Research on the crime of domestic violence is great practical significance subject in the field of the current criminology, criminal law, Overseas against violence crime has been legalizing. Some of them have adopted a more systematic prevention and measures against domestic violence .In recent years scholars in China on this issue for a systematic study, the introduction of a large number of Western theories, and apply these theories related to the case of our empirical analysis, and achieved certain results. At the same time, China's against violence, matched with the legal system is not sound, the definition of domestic violence and identify the nature of domestic violence are still in dispute, which is not only good for protecting the health of family members and legal rights. Is but also conducive to maintaining family stability and social order of harmony and development. So this paper focuses on organizing domestic violence crime, studying domestic violence behavior nature and anti- domestic violence crime law, in order to punish and prevent domestic violence crime into practice.This paper is divided into introduction, body, conclusion of three parts , about 20,000 words, which the body is divided into six parts,The first part of that case point out: The reason of Ms Fang intentional homicide.The second section describes the specific case. Defendant Fang (female) and victims Yang (male) are common-law marriage, during cohabitation because of family conflicts, economic problems, and Yang is often go out alone and many times the defendant side of a beaten and threatened to sell the second daughter Xiao Yang, the defendant Ms Fang hates Yang. Day of the incident the victim, the defendant returned to the home living with Yang after a day out ,Yang met her with suspicion and blame, Yang kicked the side of a step on the head with a kitchen knife and cut his hair, and coerce her to give a call home to get money, but also to sell her daughter Xiao Yang, the threat of such language, the defendant have a idea to kill Yang, Ms Fang have an excuse to call home for money to stabilize after Yang's emotions, while the victim Yang drink tea down, Ms Fang take the hammer toward the wall of the large number of Bash Yang under the head until his head fell to the ground blood spattered four deaths. Subsequently, the defendant told her neighbor that herself killed person and ran to the grocery store alarm.The third section presents the focus of the case: the defendant side of a behavior is intentional homicide, or self-defense, as well as the accused party should be how a sentencingThe fourth part on the third part of the focus points out at the trial for the case of different processing opinion, for every opinion differences review.Part V with the case, contact the judicial practice of self-defense to intentional homicide and legal analysis, the case of qualitative and treatment conclusions.Part VI find out this case on China's current criminal law provisions against domestic violence, crime, the defects from the expansion of the scope of domestic violence and ill-treatment requirements, police and prosecutors actively involved in four aspects of domestic violence conducted in-depth discussion, put forward a sound crime of domestic violence criminal law some suggestions.