Investigation On The Application Of Justifiable Defense To Counter Domestic Violence

At present,there is a dilemma in the application of legitimate defense in domestic violence cases in China,and both academic and practical circles have actively explored and discussed this,but all parties have not reached a consensus.It may be useful to call this type of defense that establishes a legitimate defense against domestic violence a legitimate defense against domestic violence.Before studying the application of legitimate defense against domestic violence,it is necessary to define the relevant basic scope of legitimate defense against domestic violence.Specifically,combined with China’s relevant provisions on domestic violence,domestic violence can be defined from the scope,type and characteristics of the subject and target,and then define the basic scope of legitimate defense against domestic violence.It is necessary to conduct some research on the types and characteristics of legitimate defense against domestic violence,which is conducive to accurately grasping the conditions for establishing legitimate defense against domestic violence under different circumstances.Through the introduction and introduction of typical cases,the judicial status quo of applying legitimate defense to domestic violence in China can be analyzed and summarized as reflected in the cases,and the main dilemma of applying legitimate defense to domestic violence in China can be summarized.Specifically,the dilemma of countering domestic violence legitimate defense is mainly reflected in the determination of causal conditions,time conditions,and limit conditions.In view of the dilemma of determining the causes of legitimate defense against domestic violence,it is necessary to look at the degree and urgency of domestic violence as a whole,and also consider the entry threshold for domestic violence to become an unlawful infringement and then initiate legitimate defense;In practice,attention should be paid to the type,degree and cycle of harm caused by domestic violence.The dilemma of determining the time conditions for legitimate defense against domestic violence cannot simply be based solely on the beginning or end of a single act of violence,let alone arbitrarily and absolutely determine that the circumstances in which the victim of violence commits a counterattack before or after the beginning or end of a single act of violence do not meet the time conditions for legitimate defense,in which case the nature and severity of domestic violence should be recognized as a whole in combination with the pattern,cycle,and pattern of past domestic violence of the perpetrator.Analyze the distribution of unlawful infringement in time,and then judge the possibility of unlawful infringement in the future,and finally determine the time conditions under specific circumstances;When applying it in practice,consideration shall be given to specific factors such as the specific circumstances of domestic violence and whether the victim of violence can accurately predict it.In view of the dilemma of determining the limits of legitimate defense against domestic violence,it is necessary to grasp the degree and level of domestic violence as a whole,and combine the past behavior patterns of domestic violence to determine whether the current counterattack behavior meets the requirements of defense appropriateness;In practice,we should start from necessity,avoid the misorientation of "consequentialism",and make a correct judgment on whether the tools prepared by the victim in advance affect the nature of defense.