家庭暴力中受虐妇女的正当防卫时间研究

A Study of the Timing of Self-Defense for Battered Women in Domestic Violence

摘要: 目前我国家庭暴力案件呈现出高发态势。在司法实践中，认定受虐妇女反杀行为成立正当防卫却面临诸多困境，其原因在于受虐妇女防卫时间正当性在司法实践中遭遇评判困境。为实现法不能向不法让步等理念，我国应对家暴受虐妇女反杀行为正当防卫时间进行扩张解释，认可其事前防卫的合理性并结合紧迫状态认定其正当防卫的防卫时间。

Abstract: At present, domestic violence cases in China show a high incidence. In judicial practice, the abused woman’s anti-killing behavior is recognized as self-defense, but faced with many difficulties, the reason is that the abused woman’s self-defense time justification in judicial practice encountered difficulties in judging. In order to realize the law can not give way to the concept of lawlessness, our country should be domestic violence abused women against the time of self-defense for the expansion of interpretation, recognition of the reasonableness of its pre-defense and combined with the state of urgency to determine the time of self-defense of self-defense.