Civil Protection Order Proceedings Prospective Study

Domestic violence is a persistent social issue. since 1970s, many countries have formulated their legislation against domestic violence, invest human resources and materials to prevent domestic violence from happening. among these methods, civil protection order was proved to be the most direct, effective, and efficient way. civil protection order is a effective method for victims all over the world to protect their rights.The civil protection order has 30-40 years of history in western country, but in mainland china, it is still in the initial stage. This article will focus on the procedure of civil protection order, indicate that CPO in china could be devided into emergency CPO and long-term CPO, and also, discuss the general principles, rules of evidence and the implementation measures of CPO, from which propose our suggestion on building a CPO.The treatise is divided into six chapters. the first and second chapter is a introduction of domestic violence, CPO, and the adjudication of personal security protection. firstly, it will gives a generally defination on domestic violence, and introduce its current situation and hazards. secondly, the CPO in USA, Australia and Taiwan will be mentioned alongside the suggestion to Chinese CPO from several social specialist, thirdly, briefly introduce the regulations and several pilot trial cases of the TRIAL GUIDE FOR MATRIMONIAL CASES INVOLVING DOMESTIC VIOLENCE, formulated by the Chinese institude of application law.Chapter 3 and 4 introduced the characteristics, general principles and rules of evidence of the procedure of CPO. it indicated that CPO has following characteristics:Non-litigious, time-limit validity and changeable regulations. in addition, the trial of CPO is not face-to-face, at the meantime, the bilateral protection order is avoided.The general principle of CPO includes timely, necessary, respecting clients, non-inter mediation, protecting victims'information and limited opening to the public principles. The proof standard for civil protection cases is explained and the thesis puts forward that the onus probandi to relieve victims should be related to onus probandi transference.Chapter 5 and 6 expounded the construction of CPO. it gives a clear construction to the process of trial, hearing, review, extension/change and cancellation, dilivering & summons under the conclution of the civil procedure law and the legal practice. it has also pionted that currently, the executive unit of CPO is law court. suggested to build a Execution mode in which the social security system plays a major role whereas the law court becomes the supporting role. The implementation of CPO in other places should be carried out in the form of confirmation of case way. The information will be shared by setting up the database of domestic violence.