Research On The System Of Civil Protection Order In Prevention And Control Of Domestic Violence In China

Domestic violence is an existing social problem at all times and in all over the world, but it is often neglected for a long time in the past. With the development of society and the progress of human civilization, more and more countries and regions enact laws on domestic violence. In these laws, the civil protection order is considered as the most effectively legal means to prevent violence in family.On March 1, “Anti-Domestic-Violence Law of the People's Republic of China” is implemented which is the first comprehensive law on the domestic violence. It attracted widely social concerns. The formulation of Anti Domestic Violence Law has solved the problem of the regulations are different in different provinces and made the procedural of Civil Protection Order independence from divorce proceeding. But after studying the law carefully, we can find that the formulations of Civil Protection Order are too simple, which is harmful to the enforcement of the law in the future. This article will focus on the procedure of Civil Protection Order and provide some constructive advices to perfect the Anti Domestic Violence Law.This paper is divided into four parts:The first part is brief account of the civil protection order system. This part introduces the conceptions of Civil Protection Order and other similar conceptions, and makes it clear that the property of the Civil Protection Order is a non-lawsuit procedure. Then I will discuss the Civil Protection Order in domestic violence should be followed special procedure law.The second part, the development, current situation and the existing problems of civil protection order in our country. This part includes two aspects: first, summary of the development and current situation of Chinese domestic violence Civil Protection Order. Secondly, based on the above basic information of Civil Protection Order, I analysis the problems in Anti-Domestic-Violence Law.The third part is to introduce the Civil Protection Order in extra-regional countries or regions. Through a comparative approach, this part investigates and analyses the relevant provisions on domestic violence of civil protection orders in the United States, Japan, and Taiwan of China.The fourth part is to submit amendments on the Anti-Domestic-Violence Law. On the basis of previous discussion, the author puts forward to perfecting our country's domestic violence protection order, including domestic violence protection order application conditions, trial procedures, as well as the executive body.