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Research On The Implementation Of The Personal Security Protective Order

Posted on:2019-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:J PanFull Text:PDF
GTID:2416330551956700Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Influenced by traditional culture,the huge number of domestic violence in China has become one of the social problems that must be solved in the process of China's development.The "Anti domestic Violence Law of People's Republic of China"(hereinafter referred to as "Anti domestic Violence Law")was formally promulgated in March 2016.The personal security protective order,as an important part of the "Anti domestic Violence Law",is stipulated in a single chapter,which makes up for the shortage of domestic violence prevention laws in China.In order to get the implementation status of the personal security protective order,the author got the implementation of the personal security protective order in Ningxia and other provinces in China by the network questionnaire,typical cases,visiting the judges and the staff of the women's federation to collect data.We found the following problem in the implementation of the personal security protective order in China:the quantity is less,it's hard to operating,the implementation is not satisfactory,and the connection between the personal security protection order and other relief systems is incomplete.The reasons for the above problems are mainly the following points:The Anti-domestic Violence Law has imperfect requirements for the personal security protective order,the implementation procedures and supervision procedures for the implementation of personal security protective order are not perfect,the victims know less for the personal security protective order.In order to promote the implementation of the personal security protective order,with the implementation experience of the domestic violence prevention system in foreign countries and regions.The author proposes to improve the concept and procedural provisions of the personal security protective order.On the one hand,improving the application procedures,execution procedures and supervision procedures for the personal security protective order by amending and improving the current "Anti-domestic Violence Law" and make the personal security protective order more maneuverable.Building an authoritative enforcement system for personal safety protection orders.On the other hand,in order to safeguarded the protection of personal safety protection orders,we have improved the support agencies for the personal security protective order,improved the establishment of temporary shelters and the assistance to underage victims.At the same time,the author also proposed to strengthen the personal security protective order system,mading the local regulations to formulate personal safety protection order,and promoting the establishment of family trial courts.Hope to promote the implementation of the personal security protective order.
Keywords/Search Tags:personal security protective order, domestic violence, juridical relief right, prevention and suppression
PDF Full Text Request
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