Research On The Habeas Corpus System Of Anti-domestic Violence Law

Domestic Violence,a worldwide issue,is also a serious problem in China.Domestic violence has seriously affected family harmony,resulting in many families' breakdown.Besides,those who are suffering from domestic violence are women,children,the elderly and other disadvantaged people.It will endanger the moral order of the whole society and certainly affect the stable development of the whole country if there is no control of domestic violence.In order to build a harmonious and stable society,many countries in the world has signed the protect order into law as an effective mechanism for preventing and suppressing domestic violence.In China,the lawmaking of anti?family violence is relatively new.On 2016 March 1st,China has passed the first anti?domestic violence law,namely,Anti-domestic Violence Law of the People's Republic of China,against domestic violence,establishing the habeas corpus system and indicating a new era in the process of china against domestic violence.Still problems do exist,such as the imperfect legislation,poor functioning,and inadequate remedy.This paper summarizes the characteristics,causes and detriment of domestic violence and introduces the habeas corpus system from the view of legislation,judiciary,operation,implementation and remedy.By comparison with foreign laws,I will discuss the existing problems on the habeas corpus system in our country and put forward relevant suggestions.This paper is divided into four parts.The first part gives a concrete introduction of the domestic violence and the habeas corpus,including the concept,subject,type,characteristics,causes and detriment of domestic violence.It also explains the definition,characteristics,functions of the habeas corpus.The second part introduces the present situation of the habeas corpus system and related problems.First,it illustrates the legislation history of the habeas corpus system confirming the achievement of this law.Then,it introduces the specific provisions of this system.At last,it analyzes the existing problems of this system,such as disputes in applicants,simpleness of the prohibitions,undefined executive body,lack of supervision mechanism,minor liability on violating the law.Part three introduces the relevant legislation and the judicial practice abroad.Comparing the similarities and difference,we can conclude some experience which applies to our national conditions.The last part is about how to improve the habeas corpus system.Based on above three parts,I will give my advice.