Evaluation Of Criminal Law Against Domestic Violence

Victims of domestic violence find it difficult to endure long-term domestic violence,and in order to end this painful state,they have risen up against cases that caused serious injuries or deaths to the perpetrators.Regarding the qualitative problem of the acts of resistance committed by the victims,no unified opinions and standards have been formed in our country or outside the country.This article analyzes cases that have not yet occurred but are about to occur or that domestic violence has been implemented,and the perpetrators are in a state of unconsciousness such as drunkenness and lethargy.The academic community has carried out active research on this issue and formed a variety of viewpoints.The main viewpoints include qualitative defense,emergency avoidance and the possibility of expectation.The view that qualitative defense is justified can be used to expand the applicable conditions of just defense.The view that emergency hedging is applicable holds that China should introduce defensive emergency hedging,incorporate it into our emergency power system,and attack emergency avoidance.Distinguish risks from each other and use this as a guilty path of resistance.This article summarizes the characteristics of victims’ resistance in domestic violence by analyzing the constituent elements of legitimate defense and emergency hedging.In the determination of justifiable defense,the cause,time,and limit requirements of the defense cannot reasonably evaluate such resistance,and therefore cannot be regarded as justifiable defense.Regarding defensive emergency hedging,in view of the victims’ increasingly severe domestic violence and their special perceptions,the victims can still feel that they are in great danger even during the intermittent period of violence.When this danger turns into real domestic violence,the victims are often afraid to resist and unable to resist.This long-term physical and mental damage makes them not convinced that their efforts will change the situation,so they do not usually resist and are frightened and frightened all day long,but when they cannot bear the decision to resist,they will embrace With a hundred and one mindset,the perpetrators were killed to completely get rid of the haze of domestic violence.Therefore,killing the perpetrators is a dead end for the Jedi.Although the benefits of life cannot be quantified,the protection of life benefits is not the same,especially the protection of the benefits of life as a perpetrator of danger is reduced.The victims of the violence kill for the protection of life or physical safety.The perpetrators apparently did not exceed the limits.Therefore,the violent behavior of the victims of domestic violence in the danger of being subjected to domestic violence or even being killed by violence is in line with the constituent elements of defensive emergency hedging,which can be used as a cause of crime.Regarding the theory of anticipatory possibility,since there is no legislation in our country that explicitly stipulates the application of anticipatory possibility as a method of conviction,it cannot be used as a basis for guilt of domestic violence resistance,but can be considered in sentencing.