Research On Identification Of Counter-attack Behavior Of Abused Women Justifiable Defense In Domestic Violence

As being the pivotal component of society,family is a weapon to stabilize the society.Nevertheless,domestic violence becomes a fetal disease which severely threaten family harmony.If domestic violence can not be blocked,the whole society will be in instability.With the development of Internet and the arose of human rights,the problem of domestic violence surfaces,becoming a social issue that is focused.Though “People`s Republic of China Anti-Domestic Violence” was promulgated particularly to prevent domestic violence,it does not work.The problem of domestic violence still exists.The batterer`s violence becomes severer and severer.Just because his violent behavior can not be prevented with effect,the degree of domestic violent escalates.Abused women are the most miserable victims of domestic violence.They fight against the batterers for their personal rights,however,becoming the perpetrator,standing in the dock.Such a dramatic transformation.It is not only violates the simple sense of justice of the public,but also contravene the legislative spirit of justifiable defense.In juridical practice,the counter-attack act of abused women is hard to identified with justifiable defense.Most abused women are sentenced by crime of willful and malicious injury and crime of willful murder,punished by criminal law.Justifiable defense is not applied effectively but in a dormant state.Even though the verdict achieves a good legal effect,it is not accepted by public,which has a terrible social effect.This situation can not strength people`s identification with criminal law.That the counter-attack act of abused women is identified with justifiable defense has three problems:First,traditional justifiable defense is strict extremely with domestic violence.Domestic violence has its own particularity comparing with common violence.But traditional justifiable defense completely ignore this kind of distinctiveness,still using general requirements of justifiable defense to identify the counter-attack act of abused woman.This method can not achieve essential justice.Second,there are related problems because of the special factors in domestic violence.For example,because of the special relationship between abused women and abusive husband,identifying the counter-attack of abused women with justifiable defense has the problem of social ethical constraints.And it has difficulty with collecting evidence in domestic violence for abused women.Third,the result of counter-attack is generally used to identify the nature of it in juridical practice.The related factors are ignored,such as the process of the counter-attack behaviour.Judgment criteria is single.What`s more,abuse women don`t have enough judicial remedies to help them get away from domestic violence.Finally,the domestic violence gets worse.Abused women have to fight back to save themselves.Therefore,a series of problems come.For solving the problems of identifying the counter-attack act of abused woman with justifiable defense,the vulnerable position of abused women should be considered seriously and properly loosen the identification standard of justifiable defense on the basis of particularity of domestic violence.Meanwhile,hypercorrection should be avoided.What`s more,the prejudice about domestic violence should be corrected and identify its nature accurately.The methods of collecting evidence in domestic violence also should be improved to settle the difficulty of proving.And related principles should be valued and their inherent spirits should be followed.All these are to protect rights of abused woman practically,realize essential equality and decrease domestic violence.