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On The Application Of Personal Protection Order In Domestic Violence Prevention And Control

Posted on:2016-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:F GongFull Text:PDF
GTID:2206330479486339Subject:Law
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Domestic violence, as a hot and serious topic in the world today, has influenced more and more people. In recent years, vicious accidents of domestic violence appear frequently in our country, so prevention of domestic violence is imminent. And among the many incidents, mostly women as victims. Currently, China is formulating the anti-domestic violence law, as a special law against domestic violence. However, the habeas corpus system has become an effective and necessary way to prevent domestic violence. From the first issued order of habeas corpus in August 2008 to the widely concerned "Li Yang domestic violence case", the system of habeas corpus has received successfully adaptability in many cases, as well as been proved to play an important role in effectively legal counteracting the occurrence of domestic violence and protecting the victims. From the view of protecting women against domestic violence, I propose to elaborate the current legal regulation situations and judicial applications of habeas corpus applying to women against domestic violence, and arrivals at the conclusion that habeas corpus statute with provisions of substantive and procedural norms should be accepted to the domestic violence prevention law.The body of paper was divided into four parts. The first part makes a summary of the system of habeas corpus, as well as analyzes the feasibility and necessity of the prevention to domestic violence and for personal protection; Secondly, the part explains the current of habeas corpus’ status and The Legal Regulation application by analyzing the influential women habeas corpus applicable anti-domestic violence typical cases as entry point to consider the system of habeas corpus, and puts forward to the deficiencies of habeas corpus that exist in practice; The third part uses the comparison demonstration method to provide a reference for constructing a systematic legal system with Chinese characteristics by introducing the habeas corpus in some other countries and regions; In the fourth part, it advocates constructing a systematic legal system of habeas corpus with Chinese characteristics by summing up the status quo and the extraterritorial application of judicial experience in practice, as well as advises on the scope, type and content, application, issuance, execution, legal liability and so on for breach of habeas corpus, suggestion of the transformation in justice ideas and open personal protection for the victims of domestic violence to apply for easy access, and make suggestions to develop a violation civil protection order offense.Family is the cell of society and a warm harbor to everybody, and only the family is full of love that the society is full of love. We should develop the system of habeas corpus with Chinese characteristics based on basic national conditions and social conditions, combined with the current judicial practice and experience learnt from foreign countries. This paper try to put forward the following suggestions in anti-domestic violence law which will be forthcoming consideration in 2015. That the application of habeas corpus is no longer as the premise for divorce clearly, to allow to oral application in special circumstances as well as increase rules of evidence, to perfect the revoked legal provisions about the application of protection order, to open personal protection for the victims of domestic violence in order to apply for easy access, to make clear the delivery of the habeas corpus, to develop the crime for violation the writ of habeas corpus. And perfect habeas corpus is the foundation of the rule of law. After anti-domestic violence law being developed, I hope a habeas corpus with more details, regulations and stronger operability, which should play a better role in the prevention of domestic violence.
Keywords/Search Tags:domestic violence, habeas corpus, prevention of domestic violence, anti-domestic violence law
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