Research On The Personal Protection Order System In The "Anti-domestic Violence Law"

The promulgation and implementation of the "Anti-domestic Violence Act"signified the confirmation of the system of the personal protection order.Since then,China's legal remedies for victims of domestic violence have extended to ex ante,and domestic violence is no longer a "family matter" that public power cannot interfere with.It can be said that the establishment of a personal safety protection order system in legislation is of great significance for the prevention and control of domestic violence and the protection of victims.This article aims to improve anti-crimeism by sorting out basic concepts such as domestic violence and personal protection orders,introducing the requirements of personal protection orders in the laws and regulations related to anti-domestic violence in the United States and Taiwan,and summing up problems that have occurred in the current legislation for more than two years.The system of habeas corpus in the Domestic Violence Act made recommendations.In addition to the first chapter and the sixth chapter,this article is divided into the following four chapters.The second chapter briefly introduces the domestic violence and personal protection system.Firstly,the concept of domestic violence was defined,and then the different types and characteristics of domestic violence were analyzed.Then the origin and development of habeas corpus were traced,and the concept and nature of it were briefly analyzed.Finally,personal protection was explained.Make unique value functions in anti-domestic violence.The third chapter,on the basis of introducing the personal protection order system in the anti-domestic violence related legislation in the United States and Taiwan,analyzes the commonality of the habeas corpus and the enlightenment to perfect the personal protection system in China.This paper selects the United States and Taiwan region of China,and gives detailed introduction to the current regulations in terms of the application,types,relief measures,and responsibility for breach of the habeas corpus system,and then summarizes the advanced experience of the personal protection legislation.The fourth chapter first sorted out the current regulations on personal protection orders in China,then analyzed the practice through typical judicial cases,and finally pointed out the shortcomings of the current legislation.The fifth chapter focuses on the deficiencies pointed out in the previous chapter,and tries to put forward suggestions on the perfection of the system of personal protection against domestic violence in China from the three aspects of entity,procedure and supporting system.