Research On The Identification Of Justifiable Defense In Domestic Violence

Due to the influence of the patriarchal society in China for thousands of years,although the status of women has improved,the reality is that women are still in a weak position in the social environment.Whether it is in the workplace or in the family,women are often abused because of their weak position.In recent years,The number of cases of battered women killing their husbands because of domestic violence is increasing.The resistance of women against domestic violence in the face of domestic violence is often not controversial in the identification of justifiable self-defense.However,many cases of battered women killing their husbands are usually carried out by women when their husbands are asleep and there is no imminent violence.In this case,it is difficult to identify the self-defense time and whether it "obviously" exceeds the necessary limit to cause significant damage,and it is difficult to identify the act of battered women killing their husbands as justifiable defense,so they are often convicted of intentional homicide or intentional injury.As for whether the latter can be recognized as justifiable defense,the academic community has no position at present.Some advocate the extension of justifiable defense time,and some support the battered woman syndrome,defensive emergency avoidance and expectation possibility theory.This paper intends to analyze the identification of justifiable defense in domestic violence from the five elements of justifiable defense.This article includes the introduction,the mainbody and the conclusion.The main body is divided into three parts to discuss the identification of justifiable defense in domestic violence.The first part is introduced by two typical cases.Through the brief introduction of the case,the focus issues of the case include whether dom estic violence is illegal infringement,whether resisting domestic violence constitutes justifiable defense,and whether resisting domestic violence can relax the identification conditions of justifiable defense.The second part is the legal analysis of the focus of the case,definition of domestic violence,from the characteristics of the analysis domestic violence behavior to draw the conclusion that domestic violence is illegal infringement;Secondly,on the theoretical basis of the constitutive elements of justifiable defense,the specific circumstances of the two cases are analyzed to discuss whether the act of resisting domestic violence can constitute justifiable defense,and solve the focus problem that is difficult to identify justifiable defense in the case.It is concluded whether the act in the case can constitute justifiable defense from the perspectives of whether the illegal infringement exists,how to determine the defense time and whether the defense limit is reasonable.The third part draws the conclusion and inspiration of the case analysis on the basis of the first two parts.It analyzes how to determine the conclusion of justifiable defense in domestic violence by the act of resistance,and appropriately relaxes the conditions of determining justifiable defense in the specific application,and puts forward suggestions to improve the conditions of determining justifiable defense from the perspective of legislation.And recommendations for prior intervention in domestic violence.