On The Reconstruction Of Personal Safety Protection Order

Because domestic violence will seriously damage as a social foundation family relations,prevention of domestic violence is of great significance.As one of the legal means to prevent and prevent domestic violence,The importance of the personal safety protection order is increasing with the day.The personal safety protection order is the purpose of the court to protect the victims of domestic violence from the danger of domestic violence and to protect the safety of the victims,and the order of injuring people or not for certain actions based on the victim's application.But in practice the use rate is not high,it limits its function.Of course,there are imperfect procedures,unreasonable rules,weak sense of evidence,difficult proof,traditional ideas and so on reasons,But the main reason is the confusion of the construction of procedural rules based on the nature,function,and the understanding of the corresponding procedural jurisprudence of the personal safety protection,then induce problems in the starting,advancing,ending and referee changes' program,In the end,the use rate is not high.This are from the rules of configuring nonlitigation trial procedure to Habeas corpus,can have a glimpse of a clue.To protect the victim,maintaining social equity,It is necessary to discuss our country‘s personal safety protection order is applicable procedure or applicable to non litigation procedure? If applicable to non litigation procedure,how to deal with the current law ? This article will be from the perspective of the legislative theory,four steps to discuss these problems:The first part,Firstly,the background of the study,the current situation of domestic research and the legislative situation abroad are discussed,then the necessity,urgency and possibility of the study are expounded.Finally,the methods,ideas and innovations of the research are discussed.The second part,firstly summarized the current situation and practical problems in the legislation,and then,the cause of the problem is discussed,come to conclusion that the confusion of the construction of procedural rules based on the nature,function,and the understanding of the corresponding procedural jurisprudence of the personal safety protection,and then put forward the question of choosing the trial procedure.The third part,first of all,the basic issues related to litigation procedure and non contentious procedure and their differences are discussed.Next,from the pursuit of real reality,strict procedural requirements,relationship with preservation procedures and coercive measure's aspect,the inconsistency between the personal safety protection order and the procedural law is discussed.Next,from the Suitable for non opposed structures,Appropriate for the authority doctrine,Suitable for free proof,Suitable for the system of refereeing changes' aspect,And draw lessons from the experience of with our country having profound origin and similar legal tradition Germany and Japan and the Taiwan region,to investigate the consistency of personal safety protection order and non contentious proceedings legal.The fourth parts,first of all,from the nature of the special program,the necessity and possibility of the trial procedure of personal safety protection is discussed.Next,the reasons for the need to consider the procedural safeguards of the parties and the obligation of the parties to assist the parties are discussed.Finally,From the Scope of case admissibility,the scope of the litigant's fit,the rules for the exploration of power and the rules of freedom of proof,Referee's change rules,remedies for application and misuse of punishment,and the public security organ as the executive organ's aspects,the specific proposals of reconstruction are put forward.