Study On The System Of Personal Safety Protection In China

In our country,domestic violence has become a serious social problem which not only encroaches upon victim’s legitimate rights and interests,does harm to stable family relationship and social harmony,but also probably induces the illegal crime.The harm to society is so serious that the action must be urgently taken.By profiting from the advanced experience in foreign countries and our own judicial practice,personal safety protection orders are considered to be the most effective way and means of preventing and combating domestic violence.In our country,legislation against domestic violence started relatively late,and in quite a long time,there was no clear legal basis on personal safety protection orders.The introduction of laws against domestic violence of People’s Republic of China made personal safety protection system of formal legal status effective for the first time,which is of great significance to promote the in-depth development for against domestic violence in our country.However,the content relating to personal safety protection orders is simplistic and general,thus many issues that may arise in the application were not covered.In order to study the present situation as well as the inadequacy of the personal safety protection,this article,based on the literature research technique and the case study approach,focuses on analyzing 427 cases relating to personal safety protection orders.It is planning to describe the present situation of the personal safety protection in five aspects,including the legal basis,the number of applicants,geographical distribution,gender balance,and reasons for applying,outcome and impact factors,protection measures and validity.Through the collection of relevant literature and on our analysis of the sample,we can draw the conclusion that there is a lack of legal basis,low application rate,regional differences,domestic violence evidence,punishment and standard of proof blur in the current personal security protection system in our country.Finally,due to the problems of personal safety protection orders in China,the article proposes to improve and refine the existing legal provisions,strengthen the institutional publicity,break stereotypes,clear the evidence and standard of proof for domestic violence,host the Chamber-led protection order execution and increase the punishment of violation of protection order suggestions.