Research On The Right Of Defense Against Family Violence In China

Family Domestic violence is a deep-rooted,rebuilt and stubborn bad habit in the history of mankind.The abused members of this family have become the important contents of the criminal law scholars in the world.This paper argues that we should find another way for domestic violence defense in our country's existing system of justifiable defense,making it a special exception to justifiable defense.The main body of exercise of defensive power of domestic violence is out of the control-controlled relationship of abuser,the most typical representative is battered women.Domestic violence defense is a weak defense,and the rest of the legitimate defense situations belong to balance of defense.This article is divided into four parts,about 62000 words or so,its main contents are summarized as follows:The first part of the dissertation is the introduction of typical cases: the introduction of Liu Shuxia case and the case of Shi Meili,draws the controversy over whether the situation of the legitimate sector should be justified or not by the legal community,highlights the abused and retreating evidence of battered women between domestic violence and punishment Dilemma.The second part of the thesis analyzes the status quo of the application of domestic violence defense in our country.Firstly,this part points out the way to enumerate the data.In reality,the battered women resort to violent riot cases and there is no justifiable defense in judicial practice.For this reason,the base of sentencing is unstable and the verdict of the verdict is very different.Second,the "Opinions on Handling Cases of Domestic Violence in Accordance with the Law" failed to break the traditional legitimate defense category.All this shows that our country did not fully tap the legitimate defense in the criminal law theory and judicial practice,which is an obstacle against this law,but it is too cautious to follow the principle of imposing the relevant issues on sentencing links,not only causing The same sentence with different sentences,but also led to domestic abuse of the battered was difficult to implement in line with the requirements of legitimate defense in the traditional sense of the act.The third part of the thesis is the jurisprudence analysis of domestic violence defense right.This part elaborates the legal basis of the right to defense of domestic violence,that is,the content of abused woman syndrome theory,extraterritorial practice and relevant theories and demonstrates that domestic violence defensive rights belong to the system of legitimate defense.It emphasizes that the connotation element of some battered women's syndromes based on the idea of building defensive rights of domestic violence advocated in this article is to criticize the irrationality of saving in the traditional legitimate defense system of our country and to give extreme actions under the last resort A law-abiding evaluation by battered women of domestic violence and the protection of the legitimate rights and interests of abused and tortured people living under the influence of violence are by no means encouraged by women to refrain from proper legal remedies and to exercise extreme acts at all times To kill the husband as a solution.According to the value-for-money theory of measurement and superiority of value-for-money theory,domestic violence defenses,like legitimate defense,preserve more superior(or at least equivalent)benefits and should be essentially equal.The fourth part of the dissertation is a suggestion for the improvement of our country's domestic defense rights.The purpose of this part is to examine the case of the criminal law of such cases from the perspective of type,system and relatedness,and to reflect on the current system of justifiable defense and judgments in our country to clarify the domestic violence The Logic Connotation and Rank of Defense in Legitimate Defense System.Since the exception law is always inevitable in criminal law,the determination of domestic violence defender(vulnerable defense)should be different from that of ordinary legitimate defense(balance of power defense).Under the current framework of criminal law,abused women have room for justification.First of all,the preconditions for the exercise of the right of defense of domestic violence are the existence of a controlled-controlled relationship.Secondly,"unlawful infringement is in progress" is interpreted as a continuing state of danger.Thirdly,the interpretation of "no significant damage Finally,we put forward proposals to expand the scope of "domestic violence".