Analysis On The Operation Of Personal Safety Protection Order

On March 1,2016,the Anti-Domestic Violence Law of the People's Republic of China formally implemented,which was a milestone in the prevention work of domestic violence in our country.In this law,it established the personal safety protection system in a single chapter.The establishment of this system,which makes the combination of our domestic violence prevention's prior relief,prevention in process and punishment afterwards.It is the most powerful measure to protect the rights and interests of victims,it's also meaningful for protecting the rights of victims,maintaining the family harmony and promoting social stability.There are many related cases and verdicts showed after more than one year's implementation of the anti-domestic violence law.But there are still many problems and controversies in its operation of the practice in our country,the lack of related laws and regulations and the weakness of consciousness of rights lead to the confusion,so this article is mainly to understand the system's current situation and problems of the practice operation with statistics analysis of related 722 verdicts which within one year and seven months.Totally the number of application in our country is less: although there is a big growth in the number of application contrast with early trial work,but the application number of our country is still less compare to the actual situation which victims are suffering and the application number of other country;women are the main people who apply for it which takes about eighty percent,the application of women are the main reasons for the application who suffer from the spouse's domestic violence;From the point of application reasons,although unlike other countries such as the United States which put the sexual and property violence into the scope of the domestic violence protection,but we can still see the application reason of the victims of our country is mainly focus on the physical and mental violation.In addition,the court has a strict requirement on the evidence on the issuance of the protection order,the court's standard of proof is inconsistent;From courts' issuance of the protection order you can see,in our country,it was difficult to have the protection for ex-spouses who are facing a break up violence,the ex-spouses' rights cannot be guaranteed after they divorced and hadn't living together;as this analysis samples,there is an issue of the nonstandard of the verdicts' content and format.Aiming at the problems reflected above,according to our country's legislation,judicial status and the actual characteristic of domestic violence itself,combining with all kinds of data,cases,media reports and so on,it can gives four suggestions to consummate the personal safety protection system of our country and to promote it to play a better role in practice: First,enhance the consciousness of the masses of women by increasing publicity;Second,the court can lower the standard of evidence and distribute the burden of proof reasonably;Thirdly is to improve the definition of the scope of domestic violence protection,and to put the ex-spouses into the scope of domestic violence protection;The fourth,standardize the verdicts' content and format and create a professional judicial personnel.