Theory Of Construction Of Domestic Violence In Our Country Civil Protection Order System

Domestic violence is considered to a malignant tumor that endanger the stability of the family and affect social harmony as a widespread social phenomenon in the world. Against domestic violence has reached a consensus in the international arena and take it into the scope of the rule of law in the process. Based on domestic violence cases with the characteristics of concealment as well as between victims and perpetrators of intimate relationship.After the penalties and remedies, as well as prior to prevention and intervention is very important to the prevention and treatment of domestic violence, the latter to assume a greater significance of the social cost. Therefore, many countries and regions established by law in advance of the relief mechanism for civil protection order system, and has made tremendous achievements and accumulated rich experience in the practice of prevention of domestic violence.This paper uses the methods of comparative analysis, theoretical analysis, empirical analysis. On the basis of identify the meaning and characteristics of domestic violence. Through the analysis of extra-territorial civil protection order system for the contents of the legislation and judicial practice, which found that the superiority of the civil protection order system and its special value in the prevention of domestic violence.Thereby combining the legislative situation and judicial practice in China,analysis of China’s anti-domestic violence relief mechanism introduced in the feasibility and necessity of the civil protection orders. By summing up the extra-territorial civil protection order system implications for China, proposal a concrete idea to build China’s civil protection orders system with China’s actual situation.In addition to the introduction and conclusion, this paper is divided into three parts, a total of more than30,000words.The first part, domestic violence civil protection orders to the basic theory. In the article, the author through the analysis of the academic controversy of the principal of domestic violence and the object of violence, proposes own view, I believe that domestic violence subject should include pre-marital cohabitation relationship. Figure out the difference between positive behavior and negative behavior in the spirit of violence. I believe that the latter should not be included in the context of domestic violence relief. Another innovation of this article is the analysis of extraterritorial legislation and practice in civil protection order system. Comparative analysis of the processes and entities of civil protection order system of the United Kingdom, the United States, Japan and Taiwan. The first involves the Supreme People’s Court released involving domestic violence, marriage case to the guide, which is the only files reference to the civil protection orders system in China. The author analyzes the difficulties during the implementation process, provide a more realistic proposals to China to build the system of civil protection orders.The second part, elaborated in the feasibility and necessity to build a domestic violence civil protection order system in our country. On one hand, there is no special law against domestic violence, and law on domestic violence relief to many problems, the urgent need to address these issues properly in order to effectively adapt to modern society; On the other hand, the civil protection order system as an effective judicial remedy has its unique microstructure and the real functional advantages to become China’s introduction of practical logic and theoretical basis.The third part, the domestic violence civil protection order system to build in China. This part is the full text of foothold. The innovation of this part of is reflected in two ways. First, learn from extra-territorial civil protection order system of the relevant parts of suitable for China; Second, reflect on shortcomings in practice of involving domestic violence, marriage case to the guide, with reference to the views of experts in the draft of the Domestic Violence Prevention Law. The author proposed to build the contents of the substantive and procedural content of China’s civil protection order system. We look forward to accelerate the the process of China’s anti-domestic violence legislation.