The Exploration Of Civil Protection Order System

Family violence exist in the world-wide,and elimination of domestic violence hasbecome the consensus of the legislation of the countries in the world. In recent years,many countries have enacted anti-family violence law,and take civil protection order forfamily violence victims, which achieved remarkable results.At present,family violence in our country is increasingly caused widespreadconcern in whole society.To prevent and cure family violence,China create a chinesemodel which is “Local legislation first, the national legislation guiding locallegislative”.This approach forms a more perfect afterwards punishment and reliefmechanisms,but these laws and norm are too fragment,principle,and operability is notstrong.In addition,we lack special Family Violence Prevention Act.Civil protect ordersystem,as a special beforehand legel relief mechanism,focusing on the beforehandprotection for the victim,has become the most effective and direct legal remedies.Therefore, in view of the status quo of China’s current family violence prevention legalsystem, it is necessary to learn from practical experience of the common law countriesto transplant the civil protection order system.The paper is divided into six parts: The first part is an introduction，it introducesthe background and significance of this study, status, contents and methods, and theproblem. The second part introduces the civil protection order system,which brieflygeneralizes civil protection order system form three aspects of concept, content androle,and analyzes the legislation in the United States and Taiwan in order to learn fromthe successful experience. The third part focuses on specific ideas to build China’s civilprotection order system, basing on the characteristics China’s domestic violence casesand national conditions,the paper design and build the Chinese civil protection ordersystem from two aspects of substantive norms and procedural norms. The forth partdiscusses the protection in specific implementation process of civil protection ordersystem in China. The fifth part is the conclusion, summary discussion of this article.