Analysis of the Applicability of Self-Defense in Domestic Violence Cases

Mengmeng Pan

doi:10.47297/wspjclrWSP2516-249702.20240802

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Analysis of the Applicability of Self-Defense in Domestic Violence Cases

Volume 8, Issue 2

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Analysis of the Applicability of Self-Defense in Domestic Violence Cases
Analysis of the Applicability of Self-Defense in Domestic Violence Cases
Shanghai University of Political Science and Law, Shanghai 201701, China
Vol. 8, Issue 2, Pages: 15-21(2024)
Published： 26 June 2024 ，
DOI：10.47297/wspjclrWSP2516-249702.20240802
Accepted：

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Pan Mengmeng.Analysis of the Applicability of Self-Defense in Domestic Violence Cases[J].Journal of Commercial Law Review,2024,08(02):15-21.
DOI：

Pan Mengmeng.Analysis of the Applicability of Self-Defense in Domestic Violence Cases[J].Journal of Commercial Law Review,2024,08(02):15-21. DOI： 10.47297/wspjclrWSP2516-249702.20240802.

摘要

Abstract

Domestic violence

as a widespread social issue

not only infringes upon the basic human rights of victims but also poses a serious threat to social stability and harmony. This work analyzes the applicability of self-defense in domestic violence cases

exploring its application within the legal framework and the challenges it faces. Through a literature review and case analysis

this study examines the particularities of domestic violence cases

the psychological and behavioral characteristics of victims

and how these factors influence the determination of self-defense. The theory of "Battered Woman Syndrome" is introduced to discuss its application in judicial practice and its limitations. This work reviews the changes in Chinese legal provisions regarding self-defense in domestic violence cases and calls for further legal reforms and social efforts to more effectively protect the rights of victims.

关键词

Keywords

Self-DefenseBattered Woman SyndromeJudicial Practice

references

García-Moreno C., Pallitto C., Devries K., Stöckl H., Watts C., & Abrahams N. (2013). Global and regional estimates of violence against women: Prevalence and health effects of intimate partner violence and non-partner sexual violence. World Health Organization.

Yunnan High People's Court. (2017). Criminal ruling No. 625. Yunnan High People's Court.

Guo X. (2023). The significance, limitations, and acceptance of "Battered Woman Syndrome" in China: A comparative legal perspective. Journal of Chinese Women's Studies, 2023(06), 107-126.

Supreme People's Procuratorate of the People's Republic of China. (2020). The number of non-prosecution cases involving self-defense handled by procuratorates in 2019 increased by 110% compared to the previous year. Retrieved August 5, 2024, from https://www.spp.gov.cn/spp/zdgz/202005/t20200526_462992.shtmlhttps://www.spp.gov.cn/spp/zdgz/202005/t20200526_462992.shtml

Supreme Court of China. (2023). China's top ten typical anti-domestic violence cases. Retrieved August 5, 2024, from https://www.chinacourt.org/article/detail/2023/06/id/7344580.shtmlhttps://www.chinacourt.org/article/detail/2023/06/id/7344580.shtml

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