On The System Of Personal Security Order In China From The Perspective Of Judicial Practice

As an international hot issue,domestic violence has been plaguing our country all the time.Especially in recent years,the incidence of domestic violence has been increasing.Before 2015,our country started relatively late in the field of anti domestic violence,and there was no special legislation,and the relevant laws and regulations were scattered among the various departments,resulting in many deficiencies in the prevention and control of domestic violence.Although in order to guide judicial practice,the Supreme People's Court published the guidelines on hearing cases involving domestic violence in 2008.In the guidelines,the Supreme People's court for the first time to the provisions of the personal safety protection order application conditions and conditions,to provide some reference to the problem in order to protect the personal safety,but by guiding Properties Limited,the judge cannot directly invoke the decision or judgment criterion as the basis.The first time in the 2012 amendment of the Civil Procedure Law of People's Republic of China,and the personal safety protection order is the concrete manifestation of the act preservation,and affirms the legislation.However,the newly revised civil procedure law does not play a very good guiding role in judicial practice.In order to improve the prevention and control of family violence,the legal system in December 27,2015,the National People's Congress voted by the Standing Committee of People's Republic of China anti domestic violence law,came into effect on March 1,2016.But the relevant provisions in domestic violence can be found,for how to define family violence,there are still some defects,how to determine the scope of related problems,especially in the safety protection of specific implementation issues related to human organs,or there is a big problem.For the purpose of this article is to illustrate the lack of Chinese existing system and judicial practice of laws and regulations on safety protection system,in view of the ban on domestic violence prevention protection list of domestic experts and scholars,and introduces the safety protection system of reference of foreign people,and in the judicial practice,how to improve the family violence the prevention and control of safety protection Chinese,to provide some advice.On the basis of the law,it is proved by the list of cases that the legislation lacks the difficulties in judicial practice.Although a special legislative Chinese prevention against family violence and the protection of personal safety regulation has already begun,but "anti family violence law" the full text,the author thinks that the relevant system to protect the personalsafety and order,there are some problems.