Abused women choose to kill their husbands while their husbands are asleep or under poison after the end of domestic violence.This is a typical non-confrontational anti-killing behavior of abused women.The conclusion of conviction does not meet the emotional expectations of the public,and the space for conviction is limited.The difficulty of its conviction is that it does not meet the time conditions of legitimate defense"unlawful infringement is ongoing",and it is easy to be characterized as ex ante defense;if this kind of domestic violence is regarded as a continuous violation through"battered women syndrome",it is easy to be characterized as ex-post facto defense.Therefore,to understand the decriminalization logic of non-confrontational battered women's anti-murder cases,we should make a substantive judgment on the"defensiveness"of emergency hedging.In order to avoid domestic violence,battered women have to choose anti-murder behavior based on the conflict of interests of the right to life when it is difficult to detect the unlawful infringement by the violent husband.
关键词
受虐妇女反杀/防御性紧急避险/生命权
Key words
anti-murder of abused women/defensive emergency hedging/the right to life
维普
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