A Study On The Warning System Of Anti-domestic Violence Law In China

Since March 2016,"People's Republic of China Anti-Domestic Violence Law" has been put formal implementation,which not only marks a relatively complete legal system of prevention of domestic violence,but also enriched the Chinese legal system to prevent and stop domestic violence.In the past,the disposition and liability of domestic violence were stipulated in marriage and family law and criminal law,this law broke the pattern of the current lack of the rule of law,not only clear the scope of domestic violence and its scope of application,but also established a system of forced reporting of domestic violence,public security admonition system,personal protection order system and other series of relief system,forming a chain of processing mechanism for domestic violence from the prevention,disposal,relief to the responsibility."Prevention first,with education,correction and punishment combined" is the basic principle of China's anti-domestic violence law."Anti-Domestic Violence Law" establishes public security admonition system in third chapter of the disposal of domestic violence,which is undoubtedly a summary of the pilot experience of domestic violence warning system carried out first among various regions.It makes the Chinese means of using public power to moderately interfere with minor domestic violence,rose up to a universally implemented national legal system.Since the implementation of the anti-domestic violence law,the public security admonition system has been involved into the process of improving the rule of law to adapting to the demands of the rule of law,and it has become one of the important contents of the mechanism of prevention and suppression of domestic violence.Thus,the theoretical and practical study of public security admonition system is not only an important task to implement the anti-domestic violence law,but also an important step in the improvement of rule.The application of administrative monitory is not only an important part for organs of state power to intervene in the field of private law,but also the value guidance of protecting of the legitimate rights and interests from infringement.Implemented by administrative organ,a represent of national public power,what is the legal nature of the acts of admonition,how is it distinguished from the administrative punishment and administrative coercion;Why establish this system in the anti-domestic violence law,what is its legal significance;The issuance of an admonition order can be used as evidence,but how to measure the regulation of evidence collection and the criteria for adoption,if adopted,how to offer legal relief;A series of questions is worthy of scholars to explore,which is also one of the major issues faced by theoretical and practical circles.In this paper,by introducing the application of the first monitory in Henan Province,a series of questions will be put forward,which lead to the research topic.The whole paper is divided into three parts to explore and discuss:The first part is an overview of the admonition system.This part mainly analyzes the legal nature of the monitory,summarizes and compares it with the concepts of administrative instruction,administrative order,administrative punishment and administrative coercion,and puts forward the author's opinion on the legal nature of the monitory.The scope of application of the monitory,the commencement of the proceedings and the legal consequences of the perpetrators should take after issuing the monitory are also analyzed.The second part is the theory of our country's current admonition system and the problems existed in judicial practice.In this part,through a profound analysis of theory and practice problems of the adoption of admonition system,a relief mechanism,since the implementation of the anti-domestic violence law,the shortcoming of the application of monitory in judicial practice will be mainly analyzed,laying the groundwork for the suggestions proposed in the third part of the article.The third part discusses the suggestions of perfecting the admonition system.Through the above analysis and induction of the system's present situation and development trend,suggestions are put forward to perfect the theoretical conception and judicial practice of the anti-domestic violence law in the public security admonition system,to strengthen the legal remedy way of the monitory,making it of more reasonable use to the judicial practice,to better protect the personal rights and interests of the victims,to maintain social harmony and stability and to build a more sound legal system.