Orders Of Protection Of Personal Safety Study

Domestic violence is becoming a major factor in divorce cases, Family breakdown had a tremendous negative effect on economic development, Broken family also produced a large number of single-parent children, Physical and mental health of children can not be neglected. In response to this situation, in our legislation and judicial practice against domestic violence has also accelerated the process, November 25,2014, "Anti-Domestic Violence Law " draft put on the agenda of the National People’s Congress. And for the country for comments. Starting from March 1.2016 formally implemented. Since then, China’s anti-domestic violence has a special legal system provisions. "Domestic Violence Act", Protect the personal safety make this important relief measures into law. According to this Code; Protection of victims from punishment for perpetrators afterwards, promoted to advance its domestic violence prevention, in the matter and put an end to the binding post punishment; For the first time provides for the use of personal safety protection orders and the like. In this paper, in-depth analysis to make law on the basis of personal safety protection Based on the study, presented on the " Habeas corpus " proposals to improve and perfect the judicial operation. First, Grasp the characteristics of personal safety protection order, in accordance with its principles; Secondly, a reasonable allocation of personal safety in order to protect the applicant and the respondent the burden of proof, and appropriate to reduce the burden of proof of the applicant; Third, the intensity level of the public security organ to assist the personal safety of a protection order; Fourth, increase personal safety protection order violation of the offender penalties; Finally, Establish the applicant’s personal security protection orders rescue mechanism.