On The System Of Personal Safety Protection Order In The Anti-Domestic Law

Domestic violence has become one of the main reasons for divorce cases in China,family violence severely infringes the personal rights and property rights of the victim,destroy the marriage and family happiness,and family violence on the physical and mental health of minors development also can produce bad influence.The anti-family violence law in our country in March 1,2016 formally implemented,the law also formally established the Personal protection order of our country.The Personal protection order to the protection of the victim,from the initial to the offender punishment later promoted to prevention beforehand,stop and punish the three combined.Related system based on the analysis of outside,in further analysis to the protection of personal safety laws and regulations,on the basis of summarizing the exposed problems in judicial practice: 1.the lack of ability to implement the Personal protection order of the people's court;2.the judicial police lack of deterrence;3.the judge personal safety is threatened;4.the violation of the Personal protection order to the legal responsibility of weak operability;5.to specific enforcement provisions vague;6.for assistance in execution department responsibility division is unknown;7.the burden of proof is not clear;8.the lack of follow-up service,etc.Finally put forward Suggestions to the improvement of the system of the Personal protection order: 1.reduce the burden of proof of the Personal protection order to the applicant;2.clear enforcement,enhance the strength of the public security organ for assistance in execution;3.improve the violation of the Personal protection order of punishment;4.improve the relief mechanism and treatment mechanism.