Research On Domestic Violence Civil Protection Order System

Domestic violence,not only do trauma to people’s body,psychological,personal dignity and economic security in this family,but also bring serious damage to the harmony situation of family order and even the whole society order.More and more people come to realize that domestic violence problem not just the domestic affairs.Especially in the middle of the rule of law society,the problem of domestic violence should not be more hidden after the prevention and control of the law.Therefore,it has become the incumbent duty for modern country under the rule of law to build long-term and reasonable legal mechanism that can prevent and restrain domestic violence.Among them,civil protection order system is so prominent that become popular in many kinds of countries and areas to manage and solve the problem of domestic violence.Civil protection order has been embedded in the existing legal system in our country,also known as"Personal safety protection order".In this context,it is particularly important to study the domestic violence civil protection order system.After retrieving,at present,there are few special treatise of the domestic violence civil protection order system.Therefore,the author combines the understanding of the basic theory of domestic violence civil protection order system,reviewing the current legislation model of foreign countries or regions,applying value analysis method,normative analysis method and other research methods,analyzing the operation situation of the domestic violence civil protection order system in our country,puts forward some suggestions of perfecting sinicization of the domestic violence civil protection order system.This paper mainly divided into four parts.The first part is a summary of the domestic violence civil protection order system.Firstly,this part analyzes the connotation,character and harm of the domestic violence.Secondly,it introduces the basic connotation of the domestic violence civil protection order,mainly centers on the concept of civil protection order,the type of civil protection order and the related content,and making elaboration on the value of civil protection order.The second part is the sinicization operation of domestic violence civil protection order system.First of all,it states the normalized process in our country’s and judicial application.Then,it gazes at seven specific aspects facing in the sinicization:the classification,the rescue content,the scope of application,the qualification of applicants,the rule of evidence,the enforcement mechanism,the responsibility assigning.The third part is the extraterritorial investigation on domestic violence civil protection system and the enlightenment to our country.This part initiates with the problems existing in China,inspects solutions in dealing with these problems from content and application mechanism respectively and benefits a lot.The fourth part is the new dimension of sinofication of domestic violence civil protection order system.This part is discussed in details from three angles:the perspective of substantive content,the perspective of procedure mechanism and other relevant supporting measures.