反对家庭暴力是国家、社会和每个人的责任。近些年，社交媒体的迅速发展使得家庭暴力问题受到人们的关注，妻子、丈夫、父母甚至孩子都有可能成为家庭暴力的对象。家庭暴力发生在家庭私密空间内，隐蔽性较强，使得家庭暴力的受害者怯于求助或者求助无果，最终走向“以暴制暴”的反击之路。我国的司法实践在处理家庭暴力受害者反击的案件时，被认定为正当防卫的案件寥寥无几，大多被判定为故意犯罪，只是在量刑时由于自首或被害人过错从宽。当家庭暴力发生时，公力救济没有能够为受害者提供足够的保护；当受害者采取私力救济反抗时，却可能因为时间和限度条件不满足阻却了正当防卫的适用，这样的裁判结果难以让大众情感所认同。
本文在查阅文献和司法裁判文书的基础上，参考国内外学者的相关理论研究，对家庭暴力中的正当防卫问题提出一些建议，论文主要有三个部分。
第一部分是问题的提出，主要说明我国目前在家庭暴力受害者反击的案件的司法实践现状和反抗家庭暴力案件的争议问题，为下文具体阐述进行铺垫；第二部分回应上文争议问题，阐述国内外对于家庭暴力案件中适用正当防卫的观点，以及我国参考国外理论完善正当防卫制度的可行性；第三部分从立法层面和司法层面提出建议，为家庭暴力中的正当防卫理论适用存在的问题提供改善思路。

To combat domestic violence is the responsibility of the country, society and everyone. In recent years, the rapid development of social media has drawn people's attention to the issue of domestic violence. Wives, husbands, parents and even children may become the victims of domestic violence. Domestic violence occurs in the private space of the family, which is highly concealed, so that the victims of domestic violence are often afraid to ask for help or they just have no effect, and eventually these victims may turn to themselves for help, which means they hurt or kill the abuser. In the Chinese judicial practices, when dealing with the cases of domestic violence victims' counterattack, there are only a few cases that are identified as justifiable defense, and most of them are judged to be intentional crimes, but they are only lenient in sentencing due to their surrender or the abuser’s fault. When domestic violence occurs, public remedy fails to provide adequate protection for the victims; When the victim takes private remedy to resist violence, however, the application of legitimate defense may be blocked because the time and limit conditions are not satisfied. Such judgment results are difficult to be accepted by the public. 
This essay bases on reviewing related literatures and judicial documents and refers to the relevant theoretical research of scholars at home and abroad, and puts forward some suggestions on self-defense in domestic violence. The paper mainly consists of three parts.
The first part of the essay is the proposal of the problem, which mainly explains the status quo of judicial practice of domestic violence victims' counterattack cases in China and the controversial issues about domestic violence cases, making it clear for the detailed elaboration below. The second part responds to the controversial issues above and summarizes the domestic and foreign views on the application of justifiable defense in domestic violence cases, and the feasibility of China's reference to foreign theories to improve the system of justifiable defense. In the third part, suggestions are put forward in the legislative level and the judicial level to improve the existing problems in the application of self-defense theory in domestic violence.