非对峙型受虐妇女杀夫案的出罪进路

——限定性正当防卫的理论展开

中图分类号：D924 文献标志码：A 文章编号：1673-3851（2025）06-0366-09

The path to exoneration in non-confrontational cases battered women who kill their husbs： An exploration the theory limited self-defense

Abstract： The path exculpation in the case murder husb by non-confrontational battered women needs the reasonable construction the doctrine criminal law. The theory defensive emergency avoidance breaks through the nature the priority the right to life，while there is an interpretative contradiction between the requirement traditional justifiable defense "ongoingilegal infringement" the interval domestic violence，so they are both not reasonable solutions. It is necessary to construct a limited view justifiable defense through doctrine：taking the existence real imminent danger as the prerequisite for determining the timeliness justifiable defense；the act counter-kiling can be considered as justifiable self-defense only when the cycle violence exists in reality， the abused woman does not have a reasonable effective remedy， the abuser has made explicit threats lethal violence or it is reasonable to infer that the next aggravated violent act is imminent. On this basis，the paper classifies various situations this kind case makes substantive judgment by applying restrictive justifiable defense， so as to realize the accurate identification the criminal responsibility battered women.

Key words： battered women； justifiable defense； defensive emergency hedging；domestic violence cycle

非对峙型受虐妇女杀夫案，指的是长期遭受丈夫家暴的妻子，在非对抗的情况下，趁丈夫处于熟睡或其他不能抵抗的状态时将其杀害的案件。（剩余14082字）