Women Who Kill Abusive Men: Reform and Restrictions in China | [Pakistan Journal of Life and Social Sciences • 2025]

Author(s):

1. Muhamad Helmi Md Said: Faculty of Law, Universiti Kebangsaan Malaysia 43600, Bandar Baru Bangi, Malaysia

2. Liu Jing Yu: Faculty of Law, Universiti Kebangsaan Malaysia 43600, Bandar Baru Bangi, Malaysia

3. Nurul Hidayat Ab Rahman: Faculty of Law, Universiti Kebangsaan Malaysia 43600, Bandar Baru Bangi, Malaysia

4. Nadhilah A. Kadir: Faculty of Law, Universiti Kebangsaan Malaysia 43600, Bandar Baru Bangi, Malaysia

5. Li YaoYao: Jiyang College, Zhejiang Agriculture and Forestry University, Zhuji 311800, China

Abstract:

In China, "the severity of past domestic violence" has been included in the scope of legitimate defence, and "homicide by a woman who has been subjected to domestic violence" and "homicide with lighter circumstances" has been expressly addressed in the statute. It aims to consider cases where women, who have been victims of prolonged domestic violence, kill their abusive intimate partners to prevent further harm or to escape the cycle of abuse. This article employs the method of doctrinal research to explore the legal reform of legitimate defence and its limitations. Despite this significant reform, women who defend against homicide, even if their behaviour meets requirements of legitimate defence, cannot be acquitted but may only receive lenient punishment at the discretion of the judge. Legitimate defence still reflects a background biased towards men, and the laws are still unable to provide a defence for battered women. By introducing reforms in other jurisdictions, a fundamental overhaul of the legal framework for defence is necessary to ensure just laws by incorporating women's experiences and defensive responses to violence.

Page(s): 5917-5926

DOI: 10.57239/PJLSS-2025-23.1.00461

Published: Journal: Pakistan Journal of Life and Social Sciences, Volume: 23, Issue: 1, Year: 2025

Keywords:

Intimate Violence Battered Women Homicide Self Defence Legal Reform

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