Research Of The System Of Civil Protection Order In Prevention And Control Of Domestic Violence

The high rate of domestic violence in field of the world, which the aggrieved party aremainly females, children, the old and those who belongs to the weak group, have almostdamaged the basic rights and interests of personal safety, and also destroy the relationship ofstable and harmonious marriage and family, one of the most important reasons is to shake thepublic security.Currently, the legislation rules of domestic violence in china, refers to Constitution Law,Marriage Law and Criminal Law, set the aggressor in domestic violence on civilresponsibility and criminal responsibility attach importance to subsequent punishment, whileas for the importance of domestic violence interference in advance haven’t pay attention to bylegislator. March in2003, the supreme court to application of Chinese law research institute,announce that “on hearing guide to domestic violence marriage cases”, in its which at thefirst time rule the courts in China hearing cases on domestic violence, according to theapplication of victims in domestic cases sign and issue the personal safety and protectionadjudication, and to control the similar cases occurrence, to protecting the victims avoidinggain further damage which breakthrough the Chinese traditional thoughts, in hope of publicpower abroad interpose effective practice after legislative regulations in domestic violence,which introduce legislative practice of the civil protection system in China. However, afterfour-year operation, it worth getting further study on personal protection adjudication injudicial application that exist some dispute and puzzle, and it also do worth improving andperfecting this system in order to protect the rights and interests of victims.These are about four parts. In the first part, it holds the theoretical structure of thissystem through the introduction of civil regulation concept, origin and features. In the secondpart, based on personal safety protections apply in legislative field in China, concentrating onsome theoretical puzzles and practice in fact around the personal safety protectionadjudication in China, with analysis and reflection in theory and practice. In the third part,through the introduction of other countries and areas on civil protection legislation, inlegislative samples, the applicant scale, applicative pattern, civil protection category, violatingthe responsibility of civil protection regulations that introduce and citizen, based on thereflection of the legislation in China. In the fourth part, to combine the part two and part three, raise the improvement ideas of civil protection regulations in order to scholastic study to setsamples in the future.