Legitimate Defense in Abused Women who Killed the Abuser: A Case Study Post-Guiding Opinion in China

Abstract

In 2020, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued Guiding Opinion on the Lawful Application of the Legitimate Defence System (the Guiding Opinion). This article examines the implementation of the Guiding Opinion in respect of abused women who killed their abusers in China. Effectiveness of the implementation of the Guiding Opinion was reviewed through analysis of cases before and after its issuance. This Opinion has given people a deeper understanding of the determination of legitimate defence by elaborating on the issues related to the determination of legitimate defence, but in practice, the opinion has played a limited role in cases of abused women killing abusers, and the status quo of the difficulty of determining legitimate defence has not changed. This is partly attributable to persistent public misunderstandings about legitimate defence and inability of the judiciary to give due consideration to the defendant’s position and her surroundings circumstances. This study recommends specialized training for legal professionals to change their misconceptions about abused women.

Received: 7 March 2024 / Accepted: 13 May 2024 / Published: 5 July 2024