Research On Establishing The Institution Of Civil Protection Order In China

Domestic violence is a serious social problem, it will not only hurt the victims’physical and mental health and human dignity in direct, but also seriously jeopardize social stability and harmony. In recent years, civil protection order has become the new darling of China’s theory and practice of community among all kinds of ways of judicial remedy. Although in theoretical circles, civil protection order is still a dispute whether in the connotation, the nature the objection, the application requirements and so on, but in practice, there are pieces of "personal safety protection rulings"(is often intentionally or unintentionally, equivalent to the civil protection orders) frequently issued across the pilot court, chapters of the pilot results press release hit the newspapers since2008. However, civil protection order is not the same as personal safety protection ruling in the pilot,becouse there fundamentally different in nature and applicable procedures betwen each other. However, there is certain value in the transformation of judicial control philosophy to the domestic violence, and the concept changement to the domestic violence perpetrators. Although there is a place of many immature of technical solutions around the pilot, these preliminary rules tested the current social environment and the judicial system, tested people’s reaction and adaptability to it, which plays an important role in the establishment of civil protection order process in the Civil Procedure Law in our country, and the improvment of China’s anti-domestic violence legal system. Fistly, this article will give a study of the extraterritorial civil protection order system.Secondly, this article will focus on the analysis of the nature,rules and typical the case of the personal safety protection ruling from its practical value and intrinsic defects. Finally, this article will give specific measures on the establishment of civil procedures orders in the Civil Procedure Law. All of this job based on the purpose of the prevention of domestic violence.