A Study On The System Of Habeas Corpus In Anti Domestic Violence Law

In recent years,with the increase of the endless vicious incidents of domestic violence in our country,how to effectively prevent domestic violence and protect the legal rights and interests of women and children have become an important subject standing in front of us which should be solved urgently.In March 2016,Anti-Domestic Violence Law which was the first specific legislation against domestic violence in our country was implemented officially.It builds the prevention and control system of the domestic violence in our country from the perspective of legislation and it has milestone significance especially for the definition of personal safety protection system.Since its implementation for more than one year,the applications of personal safety protection in the district courts have revealed a rapid growth trend.However,with the deepening of the practice,problems existed in the system are increasingly apparent in the applicants scope,the burden of proof,perform security and so on,which makes courts face the dilemma of whether to protect or not for the applications of the victims in many cases.Based on the current judicial practice of personal safety protection in our country,it analyzes deeply the main problems existed in the process of the implementation of the system.By referencing the successful experience of the related systems in other countries and combining with the national conditions of our country,the essay puts forwards the corresponding optimization countermeasures of the personal safety protection system against domestic violence from broadening applicable conditions,refining concrete contents,strengthening perform security and improving interrelated mechanism and so on.The research contents of the essay are mainly divided into five parts.The first part is introduction which combs and summarizes the research background,significance,status and main innovations and problems.The second part mainly discusses the concepts of person safety protection system and its related concepts,clarifies its systematic value in the anti-domestic violence and provides theoretical foundation and premise for the subsequent researches of the topic.The third part mainly analyzes the shortcomings and problems of personal safety protection system in the implementation process in our country,discusses its causes and carries on deep discussion.The fourth part mainly makes targeted studies and references on the related systems in other countries based on the problems mentioned above.The fifth part puts forward the improvement suggestions and considerations in view of the shortcomings and deficiencies of the current personal safety protection system based on the national conditions and judicial practice in our country in order to give full play to the positive role of the system in the prevention and control of domestic violence.