On Justfiable Defense In Domestic Violence Crime

In recent years,the existence of the family violence phenomenon has attracted the attention of more people,in the Internet today,all kinds of news and media is full of domestic violence cases show in the public’s view,is not just a case,if the circumstances are very bad painful and sad,people pay more attention to human rights protection and of justice to follow,and in the judicial practice,However,the judgment results of cases against domestic violence often fail to conform to the scales of justice in the minds of the public.Therefore,such cases are easy to be called the focus cases that people talk about.Moreover,judges do give different sentences for the sentencing of such cases,and the uncertain punishment damages the authority of punishment.In recent years,as in huan case,kunshan longge case and case analysis of legal theory and the judgement,before sleeping are gradually activated justifiable defense system,and then there are scholars began to think about for countering cases of family violence causing death or serious injury by whether can apply self-defense theory,from the source that the response behavior belongs to the justifiable defense behavior,It’s not just the tradition of leniency in sentencing.Violence in the home environment,the victim cases involving violence against killing perpetrators rarely have been identified as justifiable defence,this is not acceptable to the public feelings,also quite unreasonable and legal theory,the author thinks that the public feelings should be regarded by the law and the judge,the criminal law can not break through people’s minds that kind of the bottom line,the criminal law also need to identity,The validity of criminal law norms can be maintained only when they are generally accepted by people.In the judicial practice in our country,for the abuse of family violence with violence against behavior,all of the people’s court convicted and punished in intentional injury or murder,even if the victim fault has become a universally applicable for discretion in the judicial practice,but still have not determined abuse cases against behavior for justifiable defense behavior.This paper analyzes and studies the problems encountered in the application of traditional justifiable defense theory in countering domestic violence crimes.Among domestic violence cases,domestic violence cases are more special,such as the privacy of the space where the violence occurs,the repetition of the behavior,the difficulty in obtaining evidence and other factors.The cases that lead to the victim’s counterattack behavior being justified in domestic violence are even more rare.For example,domestic violence is a kind of continuous infringement.In this continuous infringement,the condition of "the unlawful infringement is ongoing" required by justifiable defense should always be satisfied.Moreover,some domestic violence is of such a high degree of violence that it may evolve into an assault at any time.It cannot be considered that the unlawful infringement has completely ended just because the violent behavior of the abuser has stopped temporarily,and the time of the unlawful infringement of domestic violence cannot be judged from the perspective of hindsight.