An Analysis Of Civil Protection Order System In China

Implementation of Civil Protection Order in China is based on the Constitutional Law, the Substantive Law and the Adjective Law. Civil Protection Order has structural defects in our legislation,one of which is excessive provisions for oath and the second is lacking of procedures and rules matching with it which means the procedures need to be improved to unify the legislation and practice.The theoretical issues re flected behind the legislation of our Civil Protection Order shall be explored in the respects of concept and similar system.Conceptually, Civil Protection Order, The Writ of Habeas Corpus and Personal Safety Protection Adjudication shall be distinguished. As to similar system,Civil Protection Order and the Claim of Status Right,Coercive Measure in Civil Suits and Act Preservation shall be clarified.Geographically Civil Protection Order system has prevailed well across the country and it has put an end to th e phenomenon of domestic violence. From a point of local place,l et's take Changsha in Hunan province for example,whose local court has issued several protective orders which enjoy a leading role in Hunan and the nation at large. Moreover, procedural implementing regulations have been promulgated one after another, which enriched the local court's experience in jurisdiction. However, Civil Protection Order established at a comparatively late date in China with many problems emerged in the process of legislation and law enforcement. From the perspective of entity, there comes following problems: first, it is hard to have a legal identification of family violence; second, the scope of Civil Protection Order of our country is very limited; third, the contents of Civil Protection Order are expected to be filled and its punishments are inappropriate, etc. In the estimation of procedure, Civil Protection Order can not be advanced independently. Applicants who seek for Civil Protection Order are limited. The burden of proof and deficiencies in enforcement are also problems that we faced. Therefore, entity and procedure are two main factors to perfect the Civil Protection Order and we should focus on constructing the procedures of Civil Protection Order especially.As for substantive rules, we shall correctly understand domestic violence, expand the scope of the Civil Protection Order, enrich the type and content of Civil Protection Order, as well as properly formulate the measures of penalty. To rules of procedure, firs t and foremost,the procedure features of Civil Protection Order case shall be fully understood.Second,we shall incorporate Civil Protection Order into special procedures to acknowledge its independence.Third,standardize its application.Prelitigation guidance system shall be established. Individual application shall be permitted and the scope of applicants shall be enlarged. Finally, enforcement of specific procedures of the Civil Protection Order shall be improved. Special court shall be found for anti-family violence and systems beneficial for victims who presented proofs shall be established. Public security organs shall be stimulated as executive bodies.