| Domestic violence is a social problem that has long been neglected.This problem not only jeopardizes the harmony and stability of marriage and family,but also the development of every member of the family.Individual full and equal development and family harmony is the premise of social harmony and stability and security.Traditional Chinese families are independent units of social governance and survival,every member of the family uses blood and blood as a link.This independent concept provides a basis for domestic violence,coupled with the "filial piety" and "male superiority" as the basis of family ethics to strengthen the family within the male power of the elderly image.The internal independence and exclusion of the family leads to the internal and external infringement of the family has the characteristics of hidden and cyclical long,so that the infringement within the family is not concerned by the community,relying on the family to solve their own internal.With the development of the feminist movement and the change of social ideas,coupled with the frequent incidents of domestic violence caused by a series of serious consequences cases,let people recognize the seriousness of the social harm of domestic violence.The countries of the world have contributed to the strengthening of legislation on domestic violence and the incorporation of domestic violence into the legal sphere of view,in order to protect the legitimate rights and interests of the victims.With the "People's Republic of China Anti-Domestic Violence Law" formally implemented,personal safety protection order system has been established and applied.The system of personal safety protection is also considered to be the main relief measure of victims in domestic violence cases,and the role of the system in protecting the personal safety and property safety of victims is considered to be the key to the prevention and treatment of domestic violence.In addition to the introduction of this article is divided into four parts,a total of more than thirty thousand words.The first part is "legal intervention of domestic violence",this part of the family affairs within the family autonomy and state intervention between the relationship between the more profound exposition of the legal intervention within the family affairs of the rationale: the traditional family autonomy to sacrifice the weak At the expense of the state,the state has never been a bystander for family affairs,but has been given the patriarch as a supervisor of the family structure.Through the analysis of the legal intervention in the limits of family affairs: legal intervention should ensure that the purpose of legislation and intervention means commensurate with,and thus lead to personal safety protection order as a means of legal intervention,the purpose of its legislative objectives should be commensurate with the conclusions of the intervention.The second part is "the system of personal safety protection order".This part introduces and analyzes the current situation of the system of personal safety protection in our country,and aims at protecting the protection of ourselves from domestic violence by the current personal safety protection order A powerful means of the fact that China's existing personal safety protection order of the shortcomings.The third part is "the revelation of the civil protection order system in the United States and Taiwan",which through the application of the civil protection order of the states and Taiwan,the application,type,duration of trial,expiry,implementing agency,breach of responsibility And so on.The author gives the inspiration of the system of civil protection order to perfect the system of personal safety protection in our country.The application for a protection order is mainly based on the injured party,and the public authority is actively involved when the victim requests assistance;the jurisdiction should be appropriately expanded;different issuance conditions should be designed for different types of protection orders;as long as the temporary protection order To prove the existence of domestic violence can be,for the general protection order should take the advantages of evidence rules,so that the judge according to the victim stated that the credibility of the statement to decide whether to issue a civil protection order;according to different protection orders for different trial period,In the case of an emergency protection order,a temporary protection order and a general protection order;the extension of a civil protection order should be based on the circumstances,whether or not it should be extended or should be extended for a long time and on the basis of the victim's application and the judge The actual situation of the ruling;appropriate to increase the breach of responsibility to establish a protective order of deterrence.The fourth part is "on the system of personal safety protection of our system perfect",this part of the first for the design and improvement of the system of personal protection order to put forward three principles: to meet the needs of the victim principle;to meet the victim's rights relief;Efficient principle.Finally,from the substantive,procedural and supporting measures on the improvement of personal safety protection system to improve the system recommendations.In view of the shortcomings of the system of personal safety protection in our country,this article puts forward perfect suggestions from three aspects: the entity,procedure and supporting measures of personal safety protection order: First,the entity,the personal safety protection order is divided into emergency,Long-term three protection orders,which are consistent with the needs of domestic violence victims and the characteristics of domestic violence itself.And the establishment of different procedures and entities based on the purpose of three different personal safety protection orders;second,the procedural aspects of the jurisdiction of the court,the application of the rules,the rules of evidence,the trial time,the validity period,the implementation of the distribution of powers Thirdly,the improvement of supporting measures of personal safety protection order,it is proposed to establish and improve the counseling and treatment programs for the perpetrators,psychological and spiritual counseling for the perpetrators to help the perpetrators of their own behavior to recognize,From a fundamental understanding of their behavior on the victims and family injuries,help those who quit the bad habits,return to healthy and rational life.Fourth,we should further understand the psychological and needs of the victims,increase the utilization rate of domestic violence shelters;Fifth,strengthen the relevant staff of professional training;sixth increase for personal safety protection orders publicity.So that more victims of domestic violence through legal means to protect themselves from domestic violence,but also from the root causes of changes in the concept of perpetrators,reduce domestic violence behavior. |
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