论正当防卫制度在家庭暴力中的突破——从“受虐妇女综合症”角度

Discussion on Breakthrough of the System of Justifiable Defense in Family Violence——On the Perspective of Battered Woman Syndrome

西方国家普遍采用的"受虐妇女综合症"理论,突破了传统的正当防卫制度,为保护家庭暴力中的受害妇女起到了巨大的作用。但我国这一方面尚是空白,为了使我国的正当防卫制度更加合理,也更好地减少家庭暴力,我国应以"受虐妇女综合症"理论突破传统的正当防卫制度,只是在现行条件下,这种突破不应操之过急,相关立法领域也需做出变革。

The theory of Battered Woman Syndrome has been adopted generally in western countries, which broke through the limitation of the system of traditional justifiable defense and has played an important part in protecting battered women in family violence. But this theory has not yet been adopted in China. In order to make the system of self-defense in China more reasonable and reduce the family violence more effectively, the theory of Battered Woman Syndrome should break through the limitation of the system of traditional justifiable defense in China. But this breakthrough can not be over-hasty in current condition and the relative legislative fields also need a reformation.