The Perfection Of Personal Safety Protective Order Of Anti-domestic Violence Law

Family violence refers to physical and mental infringement,which happens to family members,it is a kind of egregious behaviour which violate human rights seriously,destroy the family relationships and shake the social stability.Because the family violence usually happen in family environment,the feature of concealment and periodicity result in the relief of law to the victims of domestic violence is lagging behind and incomplete.China's first anti-family violence law regulated the system of personal safety protection order.According to the application from the victims of family violence,after reviewing,court can issue a protection order to ban respondent to do something and other mandatory measures.In countries of common law system and civil law system,personal safety protection is known as the civil protection order.since the 1980 s,as a special relief system to the families of the victims of the violence,civil protection order is widely applicable,it had effectively reduced the possibility of the victims suffer from domestic violence again.The Anti-family violence law just came out,and corresponding judicial interpretation has not been made,there is some problems such as the range of applicable subject is narrow,type and duration of validity is imperfect and so on,these problems are not only difficult to fully meet the needs of victims of domestic violence,they are also hard to guide the judicial operation,this will lead to an inevitable phenomena—local court issued the protection order with inconsistent standards.This article will research the present situation and the development of safety protection order and combine the superior system of other countries or regions to found deficiencies in the system of our country's personal safety protection order and put forward the perfect suggestions,expand the scope of application,build three levels of protection based on different urgency and set up corresponding program specification.