Improvement Of Personal Safety Protective Order

Domestic violence problems have long been existing.In the past,people had praised highly the agricultural ethic for 2,000 years,which focuses on male chauvinism.At that time,women had no dependent personality and they had to comply with ethical idea of “the three obediences”,that is,being obedient to their fathers at home,obedient to their husband after they getting married and obedient to their sons after the death of husband.Consequently,the domestic violence problem is a long-standing phenomenon.In order to settle this issue,scholars,research institutions and so on all over the world have been seeking various solutions.At the beginning,all countries expected to deal with this problem by means of amending the civil law,criminal law,procedural law and other ways in the nations.However,the method produced very little effect.Until the “civil protective system” established in The 1976 Protection From Abuse Act by the US,which includes the contents of substantive law and procedural law,allows the public power involved in domestic violence and targets to combine the precaution and prevention together in the issue,the problem is actually settled.Since then,the civil protection order system has been widely applied in field of the anti-domestic violence by nations(regions)in the world,which becomes the most important way for victims of domestic violence to protect themselves from harm.In 2016,China's first Anti-Domestic Violence Law was formally implemented,which introduced civil protection order system——“personal safety protection order”.Accordingly,personal safety protection order system as a new legal system has been discussed.It is of practical significance.This paper consists of four parts,totaling 21,000 words excluding Introduction and Conclusion.Part one includes introduction and case analysis.This part mainly introduces the study of status quo of personal safety protection order in China and other countries(regions)and explains the status quo of domestic violence in China through statistics.In addition,at the end of introduction,this paper points out the major problems existing practices after the releasing of this order by typical cases.Part two,the article firstly discusses the origin of legislation and contents of the personal safety protection order,introduces the origin of legal concept of this order and points out the necessary lawful function and institutional contents as a legal system.Secondly,the author chronologically summarizes the status quo of legislation of the personal safety protection order system in China.Part three,the article discusses the realistic problems of the system in China based on reality.Above all,careless omissions are caused by legislative activities,which lead to some problems in the enforcement of the personal safety protection order that needs to be resolved.Part four,this paper points out some advices for promoting the personal safety protection order system.As a result,it is expected to realize the legislative goals of the establishment of Anti-Domestic Violence Law——preventing and protecting from domestic violence,protecting the legal interests of family members and maintaining family harmony and social stability.