Research On Legidlation And Pratcise Of Personal Safety Protection Order

From last several years in China,some serious social negative consequences of domestic violence caused major attention.In China most legal provisions against domestic violence almost focused in "Marriage Law of People's Republic of China","Criminal law of People's Republic of China" and some other code of Chinese legal systems.Can't protect victims of domestic violence.December 2015,National People's Congress passed the bill"anti-domestic violence law of People's Republic of China" as a first high-significant legal for provision and protection for citizen who in danger by domestic violence,and entry into forced form March 1st 2016.This bill definitely standardized application process,institution,criteria,method of the"person safety protection order"(PSPO)and this bill passed played as an important signal used Legislation to consummating personal protection in Chinese legal sphere.This article divides on 4 chapters to giving some reasonable suggestions for practice of "personal safety protection order" in point of view form aspect of legislation bill and practical explore.1st Chapter describes a difficult running sphere and problems of "personal safety protection order" at present in China.In point of view from general situation analysis of running "personal safety protection order",typical case report,and receive conclusion in following sides:a)The court can only refer to the applicant's application for the issuance of personal safety protection orders,the high cost of enforcement of the personal security protection order and the fact that the court is understaffed,the time for the verification of the personal security protection order should be timely,and the censorship process is cumbersome.The above three points are difficult for the court.Causes;b)The implementation of the personal security protection order is difficult.The implementation of the personal security protection order involves the personal rights category.Although it is made by the People's Court,it belongs to the people's court that needs other agencies to assist in the implementation of the matter.After the court issues a personal security protection order,the enforcement authority And the enforcement process does not have a clear legal basis;C)It is too light to punish acts of violence that do not constitute crimes,and the mandatory nature of the law has not been properly reflected.d)underwhelming effects from correlative social organization,even anti-domestic violence center also a helpless function,after that there is no support procedure in social sphere.2nd chapter describes about analysis practical exploration of legalization PSPO from 2 parts:a)present legalization bills and b)legislative defects.Determine criteria application a PSPO,subject of application PSPO,validity duration of PSPO,domination of court and definitely procedures of PSPO.legislative defects Reflected in 1)overlap of obligation,2)Activeness defect in application process,3)limited range of protection,4)narrow sphere of suitable3rd Chapter approach the inspection and analysis of relevant systems for"personal safety protection orders" in the United Kingdom,the United States,and Japan,and explored its legislative implications for China's "personal safety protection order".4th Chapter provide reference and recommendations.a)To rationally divide the types of personal security protection orders and issue different personal safety protection orders under different circumstances to protect the rights of victims reasonably,effectively and in a timely manner.b)Expand the scope of applicants,so that more people have the right to apply to solve the situation of the victims do not dare to apply,shy to apply.c)Improve related protection mechanisms so that victims can receive effective protection and assistance,d)Perfecting the punishment measures in violation of the protection order,the perpetrators were truly shocked by the law,strengthened the education of social morality and the legal system,and fundamentally eliminated the occurrence of domestic violence.e)The procedure for personal safety protection order is perfect.Including application,issuance,implementation and protection,and statutory matters.