A Study On The System Of Civil Protection Order In China

Tolstoy said:"Happy families are all alike, unhappy family is unhappy in its own." Domestic violence has been a major culprit that led to family tragedies. Domestic violence undermines family harmony and social stability, which caused widespread concern in the community. Countries around the world have reached a consensus to fight against domestic violence and rule it under the process of law. Domestic violence cases usually happen between family members, the relationship between the victim and the offender is often intimate. Domestic violence prevention requires not only ex-event punishment mechanism, but more importantly the prior involvement and intervention of the authorities. From the perspective of social operation, beforehand intervene mechanism have a more positive effect on curbing domestic violence cases. This paper analysis the origins, basic content, relief scope and values civil protection order system, then studies legislation and judicial practice of civil protection order system from other countries, finds the special value and advantages of civil protection order system in prevention of domestic violence. Based on the successful experience of civil protection orders from other countries, this paper tries to combine the specific status of current legislation and judicial practice of China and to build a proposal of civil protection order.This paper is divided into four parts:The first part describes of the origin, content, relief scope and domestic violence system value of civil protection order system.Through the study of the civil protection order system from UK, U.S., Taiwan, and the, explore the relevant legislations; the second part tries to find out the advantages of civil protection order system in other legislations.The third part studies the related documents of "Guide on Cases Involving Marriage Domestic Violence" release by Supreme Court and the practice and exploration of domestic violence civil protection of the district court at all levels, then sums up the positive outcomes as well as the problems and deficiencies of civil protection order arise in the civil practice in prevention of domestic violenceThe last part of the paper combines the advanced civil protection order system in other jurisdictions, with China’s practice of civil protection orders. Based on the "Guide on Cases Involving Marriage Domestic Violence" and expert’s advices on "Domestic Violence Prevention Act", this paper tries to propose a draft of civil protection order system on domestic violence.