Research On Improvement Of Personal Safety Protective Order

Since the 1990s,domestic violence is gradually aroused widespread concern in the whole society.With the increasing attention to domestic violence,people gradually realize that anti-domestic violence is not a moral private matter,but a violation of the human rights of citizens.Anti-domestic violence needs to be combined with the efforts of government,judicial organs,civil affairs departments,women's federations,medical institutions,villages'committees and other departments and the public.In the process of anti-domestic violence,people realize that they should not only rely on divorce proceedings for legal protection,but also should pay attention to the prevention and precaution in advance.The legislators recognize the effective protection system is civil protection order.In 2015,China introduced the legal system,named for personal safety protective order.Provisions of the personal safety protective order in legislation is an innovation that refer to foreign successful experience and accord with China's current situation.It has rescued the victims of domestic violence.It has played a very important role in the precaution and prevention of domestic violence.This system has been implemented in China for some time,but it faces some difficulties in the implementation.This paper aims to demonstrate the problems found in legislation and the executive process of personal safety protective order,then to raise a suggestion and analyze the possibility of it.This paper is divided into five parts:The first part provides a comprehensive overview of the system of personal safety protective order.This paper introduces its meaning,introduces the classification from the perspective of content and time,and expounds the significance of this system in anti-domestic violence.This paper introduces the legal background of the system of personal safety protective order in our country.The second and third parts find the existing problems of the substantive law and the operation in current system of personal safety protective order.There is still mining in the legislation,such as a narrow variety of personal safety protective order,lacking of operability and supervision in law enforcement,the inadequate provisions of the evidence system for the application of personal safety protective order.However,in the process of current cases,the victims barely resort to the court.What's more,procedures on the right of subrogation in domestic violence case are not clear.On this condition,I will analyze the causes and harms of the existing problems.The fourth part is the summary of legislation and practice about the system of personal safety protective order in China's mainland and abroad and introduces in detail the regulations of the United States and Chinese Taiwan.Through the study of the mature legislation mechanism inside and outside the region,the article expounds its enlightenment to China's legislation and the regulations that can be used for reference.The fifth part is to solve the problem of the entity and procedural problems of the personal safety protective order in the current legislation.I will put forward the solutions of the problem and analyze the necessity.The author's suggestions firstly go to diversify the types of personal safety protective order in legislation,then modify its implementation mode and improve its evidence system.The second suggestion is to introduce specialized regulations on the implementation of personal safety protective order to regulate the executive procedures of public security organs in domestic violence investigation.I propose the establishment of a comprehensive anti-domestic violence service organization,the establishment of family courts,focusing on training of law enforcement officers.This paper also analyzes the necessity and feasibility of all the above recommendations.In this paper,by discussing the defects of current legislation of personal safety protective order and the implementation of the law,I will propose solutions.The system of personal safety protective order is played a very important role in the precaution and prevention of domestic violence.Personal safety protective order achieve the purpose of legislation to protect vulnerable groups and create a harmonious environment.