| November 25 th of each year is the International Day for the Elimination of domestic violence,which is an international day for the elimination of domestic violence.Domestic violence has been a universal problem concerned by all countries and has seriously affected family harmony,personal safety and social stability.Domestic violence is also a serious problem in China.According to data released by the Supreme Court,the number of domestic violence has been rising,so far more than 1/5 families have domestic violence.Women,children and other weak groups in family life account for a large proportion.The system of anti-domestic violence in Anglo-American legal system is early,and the law tends to mature gradually in the continuous development.The legal system of domestic violence in our country starts late,so the later legal construction should be combined with the national conditions of our country.On this basis,referring to the advanced theoretical experience of foreign countries,we constantly reflect on perfection.On March 1,2016,the Anti-domestic violence Law of the people's Republic of China was formally implemented.At present,China has formulated specific laws to restrict domestic violence.It has strong theoretical and legislative significance.However,in practice,the habeas corpus system has still had a big gap with the expected effect since the implementation of the system,and there are some aspects.The stipulation is too general,the operability is poor,the limit of burden of proof is too high,and the punishment is low.The solution of these problems is directly related to the later development of the personal security order system.This paper expounds the system of personal security protection through four parts.Firstly,it summarizes the concept,origin,value and other general theories of the basic theory of personal security protection,and forms a macro overview.It reflects the value of the system of personal security protection.Secondly,this paper summarizes the current legislation and operation status of the personal security order system through the case analysis,and puts forward the existing problems in the light of the current situation.There are the following Aspects: the scope of the main body of the application is narrow,and many intimate relationships outside the parents of husband and wife are not protected;the reasons for the application are not comprehensive and economic violence is not included in the scope of protection;the burden of proof is uneven,and the victim has to bear most of the burden of proof;The subject of execution is not clear,and the enforcement measures are single.The third part analyzes the beneficial results of the civil protection orders of the United States and Taiwan,such as the elaboration of the types of protection orders according to different situations,the intervention of public power organs in various stages to provide comprehensive protection for the victims,and the variety of protective measures,and so on.Through analysis and induction of advanced parts can be used for reference.The last part is aimed at the imperfection of Chinese law The author puts forward the corresponding solutions,including expanding the scope of the application subject,not only the current family members but also the former spouse;rationally distributing the burden of proof,reducing the standard of proof,broadening the form of evidence;defining the subject of execution,To clarify the specific duties of the courts,public security organs and neighborhood committees;to increase protection measures,to refine the types of protection orders,to provide for economic aspects;to increase penalties;to enhance the deterrent power of the law.Hoping to improve the relevant laws by exploring the existing problems,establish and improve the system related to the personal security protection order,better play the role of the personal security protection order,and provide more help for the victims,To contribute to the prevention and resolution of domestic violence. |
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