Cases Study Of Difficult Problems In The Implementation Of Personal Safety Protection Order In China

Personal safety protection order is a civil relief right that can separate domestic violence perpetrators and victims in a certain time and space,which was applied by victims who have been subjected to domestic violence or are suffering from domestic violence,and issued by the court.After summarizing the experience of the personal safety protection order of the people's court in some areas,the "Anti-Domestic Violence Law" was formally implemented in 2016,and the system of personal safety protection was established.With the accumulation of practical experience,personal safety protection order to play a significant role in the prevention and treatment of domestic violence,but the defects of personal safety protection order result in some difficulties in the implementation process.In this paper,four classic cases of personal safety protection order are selected,and the implementation of personal safety protection order is clarified from three aspects:application,issuance and execution of personal safety protection order.And the core focus of this paper is to put forward feasible suggestions to improve the system of personal safety protection order by analyzing four classic cases of personal safety protection order and summarizing the legal cause of the implementation of personal safety protection order.The reason why personal safety protection order is difficult to implement is personal safety protection order's substantive and procedural content has a shortpart.The shortcomings of substantive contents limits the scope of the applicant's application,which is difficult to fully protect the legitimate rights and interests of domestic violence's victims.And the defects of procedural contents cause it's hard for applicant to prove the existence of domestic violence,the provisions of applicant and the implementation is unreasonable,which has a direct impact on the implementation of personal safety protection effect.Considering that the system of personal safety protection is an emerging system and it play an irreplaceable role in combating domestic violence,it is necessary to perfect and develop it.Combined with the development status of civil protection system outside the domain,the author make some feasible advices for improving the system of personal safety protection system in China.To improve the substantive and procedural provisions of the personal safety protection order,first of all,adding clauses that protect the property rights of applicant,refining the contents of the personal safety protection order to protect the legitimate rights and interests of victims of domestic violence.Changing the applicant's range and give victims more choice to be rescued from domestic violence,providing emergency protection order to prevent vicious domestic violence cases similar to"hongmei case'.Second,reducing proof standards is helpful to ease the proof burden of the applicant,to improve the implementation efficiency of personal safety protection order.Moreover,that the burden of proof is reversed has the same effect.Finally,to solve practical problems in practice and make the implementation of personal safety protection order smooth,the implementation of the provisions should be improved,adding a violation of personal safety protection in the "Criminal Law".Only in this way,can personal safety protection order be effectively implemented.