Study Habeas Corpus Under The Horizon Of Against Domestic Violence

Society ruled by law is one of the objectives of China's socialist construction,in the construction of the rule of law society,the human rights protection is the problems to be solved in the international,and perfecting the related legislation against domestic violence in the process of construction of human rights protection is particularly important,so a country's legal protection against domestic violence reflects the development level in terms of human rights and the rule of law.Many countries in the 18th century have introduced the system of habeas corpus in the field of anti-family violence,as the measures of prevention and punishment of domestic violence.From the foreign legislative and judicial status quo,habeas corpus system seems playing an important role in the field of the anti-family violence.Habeas corpus system makes the domestic violence being not simple household chores,private affairs.It makes the victims of domestic violence to get legal protection.From the perspective of the purpose and value of habeas corpus,it conforms to the modern state concept of protecting human rights,helping to precaution family violence.As a kind of judicial remedy,habeas corpus has the significance of its existence.On a world scale,it is not a new research topic,but because of our country special national condition and the specific cultural thoughts,the system of habeas corpus in our country's legal system is not a complete rules.To develop the system of habeas corpus in our country,we should draw lessons from the system of overseas habeas corpus in the legislative,judicial,and executive.In the course of legal construction,to ensure the habeas corpus playing the role of protecting human rights,our country implemented the anti-family violence law stipulates the system of habeas corpus in 2016.It provides legal basis for use habeas corpus in the field of the domestic violence.As well as laid a foundation for habeas corpus in the process of law.This paper centre on the basic theory of the system of habeas corpus,researching outside habeas corpus,habeas corpus in our country's legislation present situation and how to improve the system of habeas corpus in our country.Among them the first part mainly discusses the historical evolution,connotation and value of habeas corpus,review and summarize the origin of the system of habeas corpus development,and carding the connotation and value of habeas corpus;The second part mainly elaborates the system of habeas corpus's development in the legal construction of abroad,elaborating the system of habeas corpus in the legislative provisions.The third part expounds the legislative status quo of the system of habeas corpus in our country,the relevant provisions of the existing problems;and put forward perfecting suggestion.