Theory Of Civil Protection Order

As an effective means to prevent the domestic violence, civil protection order hasbeen widely used in domestic violence in marriage cases around countries and regions.Many countries and regions have enacted prevention law of domestic violence,included the civil protection order, which involved in domestic violence in marriagecases with public power, focus on the prevention and relief in advance, help thevictims of domestic violence more timely and efficiently, and support the protection inadvance. Civil protection order can protect the domestic violence victims’ personalsafety and legitimate rights and interests of property of the victims, which gainedremarkable social effect.In recent years, the Chinese legal professions have paid more attention to the civilprotection order system. Especially with the emergence of Li Yang Case in domesticviolence, the society concerns more and more about the terrible event, once againpushing the issue of domestic violence prevention to the public discuss. We don’thave clear rules about civil protection order, but the personal protection order and actpreservation in the judicial practice do have something in common with civilprotection order in essence. In view of the present judicial practice of domesticviolence protection, it is necessary to learn it from some experienced common lawcountries and neighboring countries. We can explore their useful experience,combined with our social reality to establish our civil protection order system withChinese characteristics.The paper can be divided into five parts: The first part is about an introduction，whichintroduces the contents、properties and value of this study, and make it clear that theproperties of the civil protection order is special procedure, not compulsory measures.The second part focuses on the personal protection order, which points out theproblems and difficulties and exist in the judicial practice. The third part mainlyintroduces the legislation and characteristic in the United States、Japan and Taiwanaimed to learn from their successful experience. The forth part describes the specificideas to build our own civil protection order system, design the frame from legislativesystem、substantive and procedural norms. The fifth part is a conclusion, whichsummary the discussion of this article.