Studies On The Improvement Of The System Of Personal Safety Protection Order

Personal safety protection order is one of the effective ways to regulate domestic violence.In 2008,it was first introduced in the “Guide refers to domestic violence in hearing marriage cases” in our country,and used in pilot grass-root courts.In march 2016,the “Anti-family violence law” re-gived personal safety protection order a new legal identity and status.From the system design of the “Anti-family violence law”,personal safety protection order’s intension and extension in china are both different form that of civil protection order at abroad.By embarking from our country’s personal safety protection order and contrasting with the characteristics and advantages of foreign civil protection order,this paper explores to build a more perfect system of personal safety protection order with Chinese characteristics.Apart from introduction,this paper is composed of five parts,about 20000 words in total.Part One constitutes the introduction to the cases.This part describes the cases of the application of personal safety protection order in different periods.By comparing those cases,it can manifest that the "Anti-family violence law" have established the importance of the system of personal safety protection order,and prominent the significance of writing this paper.Part Two introduces the theoretical considerations of the system of personal safety protection order.This part introduces and analyzes the connotation of personal safety protection order,and expounds the significance from three aspects of family,society and law.Part Three introduces and analyzes the legislation of the system of overseas civil protection order.This part takes the United States,the United Kingdom and Taiwan as examples and introduces their legal provisions of civil protection order.Then it evaluates each of them and analysis their commonality.Part Four introduces the practice of the system of personal safety protection order in our country.This part introduces the legislative process of personal safety protection order and the overview of the judicial practice before and after the implementation of the "Anti-family violence law".From the legislative and judicial practice experience,it probes into the problem of the current system design of personal safety protection order.Part Five introduces the improvement of the system of personal safety protection order in china.According to the deficiencies of personal safety protection order as it analyzed above and drawing lessons from the advanced points of the foreign civil protection order,this part makes suggestions from the legislative level,the implementation level and supporting measures by combining with China’s national conditions.