Personal Safety Protection In The Applicable Problem In Domestic Violence Prevention Research

Family violence is a hot issue in the world,as well as problems of domestic violence in our country has long,and in recent years,the people's rights consciousness,improve self-protection ability,family violence is increasingly emerging.After the investigation and study found in other countries to prevention and control of family violence with safety protection,safety protection is refers to the victims suffering from domestic violence or are in danger of family violence,can apply to the court for protection,the court ruled after hearing that.Although in order to guide the judicial practice,published in 2008 <The involving domestic violence cases marriage guide>(hereinafter referred to as<The trial of guide>).The first time in <The trial of guide> to the application condition of ruling safety protection,issuing conditions make the rules,issued for personal safety protection decision provides a certain reference,but the nature of the guide,a judge cannot directly quoted guidelines as a basis for the judgment or ruling.The 2012 revision of the <The civil procedure law of the People's Republic of China>(hereinafter referred to as<The civil procedure law>)for the first time the act preservation,personal safety protection to be seen as an act preservation,is definitely in the legislation.But due to the new revision of <The civil procedure law> for the regulation of act preservation too principle,in the judicial practice does not play a good role in guiding.In order to perfect our country's domestic violence prevention law system,the standing committee of the National People's Congress vote passed <The Anti-family violence law of the People's Republic of China>(hereinafter referred to as<The anti-family violence law>),<The anti-family violence law> were discussed,the personal safety protection order as a separate program,the litigation procedure which is no longer attached to the marriage and family cases,this is the progress of <The anti-family violence law>,personal safety protection at the same time specified by the scope of the applicant,application form,the jurisdiction of the court,content,and the implementation methods and legal responsibility.Throughout in the case of personal safety protection in judicial application can be found that personal safety protection of the laws and regulations still exist many defects exist,when there is evidence that fact is domestic violence,the victim for some reason withdraw the safety protection application,want to give a chance to correct the violent,trying to maintain the existence of marriage but did not recognize the error,the violent against perpetrators of family violence,whether the victims can be filed for personal safety protection order again.Additional legislation does not prove that rules of personal safety protection detailed provisions,apply for personal safety protection on the victim,the victim is generally vulnerable groups,because the evidence consciousness or ability is limited and can't have enough evidence,and law standard of proof and the burden of proof for the victims is too harsh,victims do not have enough evidence to prove the fact that domestic violence court cannot make a ruling,personal safety protection victims will not be able to get the protection of personal safety protection order.The defect of personal safety protection order prevention and control of family violence,there is a problem to solve the problem,the purpose of this article is to Suggestions are put forward according to the problem,based on our country's existing laws and regulations about personal safety protection and deficiency existing in the judicial practice,to find that we should use for reference foreign personal safety protection legislation and judicial practice,to perfect our personal safety protection.The author suggested that for the same family violence,the victims can apply again after withdraw the application;To prove that rules section,the author suggested that apply the principle of onus probandi inversion,by a narrow margin to prove standard.And the author advocates will character evidence also classifies the types of evidence,in order to improve the ability of unequal between victims and perpetrators,ability to balance the two sides.