Research On The System Of Personal Safety Protection Order In China

Marriage families are not only connected to public morals,but also essential to maintaining social security and stability.Domestic violence not only directly endangers the victims' physical and mental health and life security,but also tends to lead to malignant criminal cases.The proliferation of similar cases in recent years has attracted strong attention from all sectors of society.A sampling survey,in the whole marriage life,different forms of domestic violence had suffered a spouse accounted for about a quarter of women.Regarding the prohibition of domestic violence,our laws and regulations are not systematic and perfect for a long time,and the measures to stop domestic violence are not complete.However,as domestic violence continues to occur,it is not uncommon for domestic violence to kill.Aiming at these problems,on March 1,2016,"anti-family violence law of the People's Republic of China officially implemented.It marks a new milestone in the country's path to domestic violence on the streets of public power.Because the system of civil protection in our country is still in the embryonic stage.The popularity of society is not high,the legislation is not perfect.The content is too simple for various reasons.Results in practice are lower than expected.In practice,it is difficult for the victims to provide evidence in application and issuance procedures,and the enforcement of the rights and responsibilities is unclear,and there are many problems such as the lack of punishment.Therefore,the concrete implementation and operation level need to be further improved.This article is divided into four chapters,the first part of article makes a brief introduction on the meaning and development course.And puts forward personal views on the nature of personal safety protection order,which is based on the analysis and criticism of the theory of "coercive measures" and "act preservation".The specific content of personal safety protection order is elaborated in detail.The second chapter analyzes the application status of habeas corpus,and expounds the existing problems in the application of habeas corpus by enumerating the application of the system in practice.The third chapter introduces the legislation and practice of the system of personal safety protection in the United States and Britain.At the same time propose the significance of reference for our country.In the last chapter,the author offers good experience of our country from the perspective of system'content,burden of proof,law enforcement,punishment mechanism,etc.The author thought,first of all should expand the scope of on behalf of the applicant,in content increase,the kinds of personal safety protection for property of a detailed rules,and adding auxiliary measures against perpetrators.Second,reasonable distribution of burden of proof of personal safety protection,appropriate to lower the standard of proof of domestic violence,the other functions on execution of power and responsibility division of labor,the public security organs as personal safety protection enforcement authorities.And strengthen cooperation with other agencies Reinforce the penalty mechanism for violation.Finally,should establish the rescue mechanism for the applicant.