Civil Protection Order-the Beforehand Legal Relief Of Family Violence Victims

Many diagnoses of foreign research institutions indicate: family violence is a global problem without boundaries of nation, ideology, class or race, and most of its victims are women and children. The status quo of family violence in China also calls for our attention. Family violence has always been studied by sociologists and legists, and becomes the focus of governments and non-governmental organizations since the fourth UN World Conference on Women. Observed from the points of view of both practical and academic research, the domestic discussions on family violence focus mainly on psychology, sociology, demology and liberal feminism, and some on legal philosophy, legal sociology and legal ethnics, they deliver a wealth of beneficial legal consideration on the prevention and cure of family violence, especially, the relief of family violence victims. Undoubtedly, these researches have great significance in exploring the protection mechanism of family violence victims. However, they pay little attention to the beforehand protection of potential victims and the relief of victims when family violence appears, and less on an efficient protection system.As is known to all, afterwards punishment and relief, as well as beforehand prevention and intervention, are very important to prevent and cure family violence, and the latter bears greater significance in terms of social cost. This thesis starts from analyzing the legal practice of resisting family violence in mainland China, and holds that the punishment to doers of family violence and the relief of victims are mature but the beforehand relief system remains immature. In the process of studying and analyzing the legal practice and system creation of beforehand intervention of family violence in America, Britain, Australia, Japan, Canada, Taiwan, and Hongkong, we found that their"civil protection order system"works very good in relieving family violence victims. The system is also workable for mainland China since the forms and sequences of family violence in different legal systems and cultures resemble to each other stupendously.The thesis firstly analyzes and studies the legal practice and the lack of workable system in resisting family violence in mainland China, and finds that we do not have efficient beforehand relief system to prevent family violence and relieve its victims. On the basis of analyzes and compares the legal practice and system creation on this problem in America, Britain, Australia, Japan, Canada, Taiwan, and Hongkong, The thesis demonstrates the theoretical basis (basis of value) for mainland China to learn and construct civil protection order system. The last brings forward specific advices on constructing civil protection order system in mainland China according to its situation.