Case Analysis Of Women’s Self-defense Under Domestic Violence

As a special kind of illegal infringement,domestic violence has seriously affected family harmony and social stability.For the purpose of getting rid of domestic violence,some abused women’s resistance behavior is intense and easy to evolve into criminal cases.Women’s resistance behavior is mostly recognized as intentional injury or intentional homicide in judicial practice.Excessive sentencing is not conducive to the protection of vulnerable women’s legal rights.It is of profound practical and social significance to explore the application of justifiable defense to abused women,a special subject under domestic violence.The Supreme People’s Procuratorate pointed out in its guiding case on domestic violence that it is necessary to distinguish between the crime of intentional injury caused by domestic violence and justifiable defense.From the perspective of the case of huangmouyu intentional injury and in combination with relevant cases in recent years,it can be seen that there are still some problems in the current judicial recognition of justifiable defense in domestic violence,such as rigid requirements on the cause and time of defense,strict defense limits,and unbalanced judicial sentencing,The identification of justifiable defense and excessive defense in domestic violence.These problems make it difficult for the theory of justifiable defense to be effectively applied in domestic violence,which is not conducive to the protection of the rights of abused women by law.Based on this,it is necessary to further improve the provisions of the current criminal law on women’s right to self-defense in domestic violence,and supplement relevant judicial interpretations,so as to promote more applicable space for self-defense in domestic violence.In practice,when handling defense criminal cases suspected of domestic violence,judges should fully consider the particularity of women in domestic violence cases,balance the excessive defense and sentencing,and appropriately introduce the theory of abused women’s syndrome.We will better safeguard the rights and interests of vulnerable abused women and achieve the organic unity of judicial justice and public opinion.