Research On The Limits Of Self-defense In Domestic Violence

At present,there is not much controversy in the theoretical circle on the determination of justifiable defense,but the views on the determination of justifiable defense limits are still in a state of letting a hundred flowers blossom and a hundred schools of thought contend.The limit of justifiable defense in domestic violence cases is a difficult problem in the interpretation of justifiable defense.The key to solve this problem lies in setting reasonable standards to judge the limits of defense.When setting the judgment standard of justifiable defense limit,we must,of course,take the provisions of the statute law as the basis and the normative purpose of the justifiable defense system as the premise.A proper sorting out of the limits of justifiable defense in domestic violence is conducive to the construction of judicial justice and the construction of a social justice environment.The introduction explains the significance of studying domestic violence and its limits,raises questions about typical cases in judicial practice,and divides the full text into three parts:PartⅠ: Firstly,the concept and characteristics of domestic violence are defined,which is the definition of basic concepts.Secondly,it explains the necessary conditions for the establishment of legitimate acts in domestic violence.It also introduces the theories about the limits of justifiable defense at home and abroad,which is the combing and thinking of the theoretical basis of defense behavior and the basis for the following discussion.Finally,it analyzes the nature of domestic violence and its defense behavior.PartⅡ: to answer the questions about the limits of justifiable defense raised in typical cases in practice,and to elaborate the judgment factors when " obviously" exceeds the " necessary limits" in combination with the relevant contents of " criminal law of the people’s Republic of China" and " opinions on handling criminal cases of domestic violence according to law".The author thinks that there are four judgment factors: firstly,to analyze the means of unlawful infringement and the severity of violence by the abuser from the angle of the intensity of unlawful infringement;Secondly,from the angle of timeliness of unlawful infringement,it analyzes the particularity of defense time and some advocates of " battered woman syndrome".Then,it will be explained from the perspective of negation of " only result theory" in justifiable defense.Finally,from the perspective of the victim’s fault,it analyzes the current and past situations of the perpetrator.PartⅢ: Proposes a reflection on the limits of justifiable defense involved in domestic violence.First,it is believed that the limit of justifiable defense in domestic violence cannot be divorced from the legislative spirit of the justifiable defense system in our criminal law.The second is to correctly grasp the implementation and application of justifiable defense limits in domestic violence cases;Third,social effects should also be considered on the basis of legal effects.The fourth is to avoid overemphasis on the " balance of legal interests";Five is to accurately grasp the applicable object.The purpose of this article is to sort out the standards for the determination of the limits of justifiable defense in domestic violence,so as to further distinguish between justifiable defense and excessive defense in domestic violence cases,hoping to provide help for the determination of the limits of justifiable defense in domestic violence in future trial practice.