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Investigate The Personal Safety Protection Order In The Prevention And Control Of Domestic Violence

Posted on:2018-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:H S GuoFull Text:PDF
GTID:2356330515978915Subject:Law
Abstract/Summary:PDF Full Text Request
Domestic violence has been widespread social concern issue,the incidence is high in recent years,against a growing number of victims of personal rights,the right to health,the right to life and other legal rights.In order to reduce the frequent occurrence of domestic violence,in 2008 introduced the Guide to marriage cases involving domestic violence,but in the administration of justice cannot be directly invoked as a judgement or order basis,followed by the national people's Congress on December 27,2015 of the PRC law on protection against domestic violence without a vote on March 1,2016 and implemented.The law as a first basic law against domestic violence,clearly addressing domestic violence,a special system safety protection system it by limiting the related acts of violence against people,freedom,their rights related to the protection of victims,property,mental violence against illegal practices.Personal safety protection order protects the legitimate rights and interests of the applicant,effectively reduce the incidence of domestic violence,but the attendant problems are more prominent.Eligibility is not clear,evidence difficult,less concrete measures and it is difficult to get a good implementation,the lack of effective monitoring mechanisms and relief measures to the respondent,these problems have hampered the play of safety effectiveness of protection orders.Therefore,the legislation should be promulgated as soon as possible on relevant judicial interpretations,rules of evidence,the protection of species and measures to refine and set up a special judicial departments and supervision departments,improve the efficiency of executive bodies,to coincide with the promotion of legal knowledge,to personal security protection role into full play,effectively curb the incidence of domestic violence.
Keywords/Search Tags:domestic violence, personal safety protection order, evidence rule, execution efficiency, supervision mechanism
PDF Full Text Request
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