Research On Civil Protection Order System Construction Against Domestic Violence In China

In our current legal system of prevention and control of family violence, the main content is the afterwards punishment, lacking of beforehand and matter remedies. The family violence prevention and control on the perpetrators punishment afterwards remedy mechanism is important, but from the social cost and the effective elimination of domestic violence victims, to avoid further damage of the purpose of legislation, civil protection orders adopted by many countries and regions of the world focuses on the pre intervention and control legal mechanism, and not conflict with the traditional punishment afterwards relief way, two can achieve legal supplement each other. Civil protection order system can reduce the victim again by possible violence, as an important tool for quick and effective protection of the victims of domestic violence, to improve our country’s domestic violence prevention, introduce civil protection orders has the far-reaching significance.The first part of the article takes in the United States and Taiwan area for example, elaborating anti-family violence civil protection order system from five aspects:the concept, type, content, implementation procedure and legal liability system, providing theoretical support for further argument below. The second part, first of all, comparing with other legal measures against family violence, civil protection is summarized in the advantage of effectively curb domestic violence. And then points out that the civil protection order later in the development and implementation process of gradually highlight the limitations, appear function dissimilation phenomenon, the future introduction of civil protection order system in China should absorb the experience. The third part based on the current situation of domestic violence in China, in the thorough analysis of the structural defects of anti-family violence law mechanism at the present stage in China after pointed out our country the necessity of introducing civil protection order system has strong. Then from three aspects as system, culture, legal reasoning is introduced which has the scope of the feasibility of the system of civil protection order. The last part is the focus of the article, in combination with the new creation of the civil procedure law, refers to the situation of our country from two aspects of content and procedures put forward our country to build the specific content of civil protection order system in China.