Legislative Perfection Of The Personal Safety Protection Order

At all times and in all countries?regions?,domestic violence has always been a serious problem.With the development of economy,more and more women have achieved economic independence,so resolutely resisting domestic violence has gradually become our consensus.Since the 1970s,many overseas countries?regions? began to prevent domestic violence by legislation,but our country started in this area late.In March 2008,in order to provide the judges who are involved in domestic violence cases to have a professional resource manual,the Supreme Court issued a book named "Guide to the Trial of Marriage Cases Involving with Domestic Violence".This book creatively sets the "personal safety protection ruling".However,because this guide does not have legal effect,so it can not be directly quoted in the referee's documents.As a result,it is limited to ensure the normal divorce proceedings and protect the personal safety of the victims in the judicial practice."Anti-Domestic Violence Law of the People's Republic of China" came into effect on March 1 of 2016.This law is a social legislation that integrates prevention,deterrence,aid,education and correction,establishing the legitimacy of personal safety protection order system.And by removing the limits of Personal safety protection order's application in the"Guide to the Trial of Marriage Cases Involving in Domestic Violence",the victims do not need to rely on any lawsuits to apply any more.In this way,increasing the protection for victims of domestic violence,and making a big difference for the prevention of domestic violence and the maintenance of the family.The personal safety protection order came into force upon promulgation has been more than one year,but from the number of applications and effects of the implementation,we can come into a conclusion that there is a long way to achieve our target to prevent and punish the domestic violence.In addition,to compare with the relevant provisions of British and America,our personal safety protection system still has a lot to be improved.For example,the evidence for domestic violence is too simple,remedies for victims are not comprehensive enough,and the implementation of personal safety protection order is not particular enough.As early as May 28 of 1998,Taiwan drafted and passed "Domestic Violence Prevention Law" refered to the America's "Model Law On Domestic Violence",and creating civil protection order system combined with its actual situation.This law comprehensively sets out the types,execution and legal liability of civil protection order,specific and operational,making Taiwan become the first Asian region of the civil law system to complete the Civil protection order,and this Law was amended on 5 March 2007.Our Mainland and Taiwan are from the same origin,we share the most similar culture and social environment,so Taiwan's legal system of prevention of domestic violence and the actual effects have an important reference to Mainland.Therefore,with reference to the advanced legislative experience of Taiwan,this article analyzes the current situation of legislation and the practice of judicial practice of Mainland's personal safety protection order,and providing some suggestions on how to improve the system.For example,employing the principle of "advantage evidence" for the victims,expanding the the relief measures of property and parental authority,and making Public Security Bureau as the main enforcement organization.Wish this article can do little help to the legislation's improvement of "anti-domestic violence law".