Research On The Application Of Personal Safety Protection Orders In China

Family is the cell of the society but family violence with complication and concealment nature has become serious social problem. It not only harms the victim's mental and physical health and dignity but also jeopardize the society's stability and harmony which has drawn the high attention in all around the world.As judicial intervention modal to against the family violence, the writ of habeas corpus has come vital tool and been proved as effective and practical way in judicatory practice in many countries and areas.In 2008 march, the application law institute of the people supreme court issued the ?the trial guidance for the case of family violence and marriage? referred to below as ?Guidance??The first time to use the writ of habeas corpus for the personal safety protection judgment and then the each province court issued the local regulation and law. The writ of the habeas corpus has been progressively developed during the practice by the judicial authority.On November 25th,2014, the legislative office of the state council issued the ?the anti family violence law of the People's Republic of China? refer below as ?draft? and seek advice from the public. In the ?draft?, there are one chapter with ten items explaining the personal safety judicial judgment application condition, the qualification of the applier, the application method and condition, compass, content and responsibility. This highly literate China lawmaking can transplant the overseas countries' (regions') good and effective anti-family violence practice. The implementation will better protect the family violence victim's rights and interests.But the ?draft? regulation haven't fully contented and used the good experience during the carrying out the of the writ of habeas corpus from the provincial supreme court and the highly developed practical method from overseas countries (regions). For example, the ?draft? hasn't included the regulation to put the personal safety judgment as independent case and not adhere the allocation rules of proof during the lawsuit which is sometime short of evidence during the practice. Also the ?draft? haven't detailed regulate the implementation of the writ of habeas corpus and strengthen the punishment to the perpetrators and the violator of the writ.In order to better achieve the legislative aim of the writ of habeas corpus, hereby take the legislative experience from overseas countries (regions) and the all level's court's practice during the implementation of the writ of the habeas corpus to advice personal opinion for refining.The thesis contains three parts:? The first part is the study of the writ of habeas corpus in overseas countries (regions) especially in the United States of America, Australia, Japan and Chinese Taiwan. Through analysis, and advice the experience and practice to learn.? The second part:after the supreme court's ?Guidance?ssuing, by the study of the legislative progress and the implementation of the regulation in practice to include the positive achievement and find the inadequacy during practice.? The third part:by explaining the writ of habeas corpus, and from the study angle of the entity content and program statement, by learning from the overseas countries' (regions') advanced experience and practice and combine the experience during the implementation of the writ of habeas corpus to probe the perfection of the construction of the China anti-family violence of the writ of habeas corpus...