Habeas Corpus Study Of Prevention Of Domestic Violence

The happiness of the family influences the social stability and development, the happiness of the family bar contains social fairness and justice, civilization and progress. But because sex physiological differences and the formation of the different social division of labor lead to unbalanced economic foundation. It makes history within the family the concept of the social status of inequality between men and women which in the modern society is still not completely eradicated. That domestic violence appeared constantly reflecting the masculine ideology is still rife. At the same time. Civil protection order as a special domestic violence prevention and control measures has become many countries or regions important part of the family violence prevention and control system civil protection order. As a matter of fact, it can be seen from foreign countries and China’s Taiwan and Hong Kong many years’judicial practice situation,can effectively prevent and stop domestic violence and protect the personal rights and interests of the victim.Unfortunately, it does not yet exist civil protection order system in mainland China,so that dealing with domestic violence reflected shortages in many aspects. Then, the author based on the necessity of constructing the system of habeas corpus in our country and its theoretical foundation of discourse analysis, in order to be able to build habeas corpus system in China and push against domestic violence legislation.The full text is divided into three parts. The first part is the origin and evolution of the system of habeas corpus. This article analyzes the meaning of habeas corpus, which think habeas corpus is the court make a ruling,which protect the individual rights are not violated; Secondly,the article explores the origin of the system of habeas corpus, which think the system of habeas corpus originated in the British magna carta in1215; Again, the article analyses the evolution of habeas corpus, and introduces the process of development of domestic violence of habeas corpus in the USA, UK, and China’s Taiwan.The second part is the nature of family violence habeas corpus and value. This article analyses the properties of habeas corpus, which think habeas corpus has strong pertinence and operability prevention of the effectively prevent and stop family violence; Secondly, the article explores the value of the system of habeas corpus, which think build the system of habeas corpus can promote the realization of the value of marriage, and is helpful to perfectmarriage relief system.The third part is the shortage of domestic violence relief and build the system of habeas corpus. This article first discusses the shortage of the domestic violence relief,which think the current declared sex terms of domestic violence law too mush and lack of cohesion between various rights relief way; Secondly, the article explores the system of habeas corpus in entity norm and procedure construction, think marital sexual violence should not be apply for reasons of habeas corpus and unmarried cohabitation should not be included in the protection range of the system of habeas corpus.