| Domestic violence,as a hot serious topic in the world,has influenced more and more people.In recent years,people in our country is going to pay more attention to domestic violence.Prevention and treatment of domestic violence should be brought into the process of rule of law.Our country has enforced the anti-domestic violence law of people's republic of china in 2016.This is the first time that China has legislated against domestic violence in the form of specialized law.The habeas corpus system has become an effective and necessary way to prevent domestic violence.The practice of foreign countries and the attempts of domestic courts can prove that habeas corpus can play an important role in the judicial effective intervention of domestic violence and protect the victims of domestic violence.But in practise,habeas corpus is not very maneuverable.This article embarks from habeas corpus,analysis the aspects of the form,content and the auxiliary measures,to ensure habeas corpus applicable effect.Habeas corpus' s value is to prevent the victims from domestic violence and limit the perpetrators.In recent years,various problems exist in the habeas corpus system in china,such as issue number less,simple reasoning,executable content and so on.These problems can't simply be attributed to the court,but the comprehensive factors.Standard habeas corpus should have right subject and application form.The judge should separate the protection period,revise the evidence idea and specific executive organs.We should perfect the content in order to create the safe environment,give children the special protection and add the terms of the corrective function in habeas corpus.In order to guarantee the effect,we need to develop specialized trial team,improve the police intervention mechanism,strengthen sanctions against violations of habeas corpus and build the linkage mechanism.Through the measures,the problem of the judicial application of habeas corpus is solved multidimensional. |
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