Discussion on the Determination of Justifiable Defense in Domestic Violence

In today’s society, domestic violence has stood out as a major social concern, given its profound influence on public harmony and stability. Severe physical and psychological damage is a common plight for victims, and under certain circumstances, they may be forced to resort to extreme means to break free from the abusive situation. However, in judicial practice, these defensive measures are often deemed intentional homicide or assault, failing to gain reasonable recognition as legitimate self-defense.

Such a scenario leaves victims trapped in an awkward legal dilemma: enduring the abuse passively means continuing their suffering, while resisting actively brings heavy legal risks. China’s Anti-Domestic Violence Law has established a legal system to handle abuse, yet it offers no explicit criteria for the application of self-defense in domestic violence cases. As such, developing legal mechanisms that well balance jurisprudential principles and humanitarian considerations has become an urgent mission.