Jurisprudential Analysis Of Personal Safety Protection Order

Human rights is the theme of the new era.Our state and society respect and strive to protect the human rights of citizens.A series of legal system have been improved or being perfected,so that citizens' life,freedom,rights and interests can be guaranteed roundly.The Personal Security Protection Order is a remarkable part of the Anti-Domestic Violence Law which came into force on March 1,2016.On one hand,not only does it provide both effective assistance and legal basis for victims of domestic violence directly,but also fully demonstrates the concept of " Where there is a right,there is a remedy " and the intention of safeguarding the citizen's human rights,on the other hand,it can give full play to the role of prior restraint in order to ensure the personal rights of the litigants.Whether the individual rights are strictly respected and adequately protected indicates the proceeding of the legal system of a country.In daily routine,the personality right of family members should be protected and guaranteed by law.The countermeasures against domestic violence transform from "punitive afterwards" to " preventative beforehand " effectively safeguard the personal safety and property rights of victims.In order to provide better protection for the vulnerable groups in marriage and family,the Personal Security Protection Order is essential,especially for those who have long endured domestic violence.In spite of the orientation of protecting individual rights of family members,the defects of the Personal Security Protection Order emerge in the judicatory practice with the development of society,including a narrow range of applicants,the unreasonably established adjudicative department,the inadequate protective measures,the long time waiting for the Personal Security Protection Order,the vague restriction on the number of times of the application for the Personal Security Protection Order,the obscure extension of duration and the lack of coordination between the protection order measures and the mediation and so on.Therefore further improvements in the system design are imperative.Grounded on the legal basis,this dissertation focuses on the Personal Security Protection Order,analyzing its connotations,functions and theoretical basis and seeking the measures and ways to perfect the Personal Security Protection Order.The first part introduces the concept,type and function of the Personal Security Protection Order,exploring its origins,the different historical evolutions of legislation in Britain,the United States and China.After clarifying that the Personal Security Protection Order of our country is different from those of other countries,the thesis makes clear the the principles and purposes of the Personal Security Protection Order,researches on its current types and applications,and probes into its functions and roles in restraining harm,safeguarding individual rights,maintaining family relations,and right relief in consideration of its independence,specificity and precautionary feature.The second part analyzes the legal principles of the Personal Security Protection Order mainly from the idea of human rights,the idea of freedom,the idea of law and due process,summarizes the basic principles of the Personal Security Protection Order considering the idea of law in our country,and discusses the basic value preferences that should be given,including the idea of people-oriented,the protection of human rights,the unification of fairness and efficiency in the coming future.The third part mainly analyzes the specific legal applications of the Personal Security Protection Order in our country,and outlines the defects of the system observed in practice by comparing different cases.The fourth part puts forward the corresponding suggestions on how to eliminate the existing deficiencies and defects;the countermeasures include the proposer spectrum,the distribution of the burden of proof,the clear rules of evidence,revision on the types,enlarging the coercive measures,shortening the waiting time in emergency,the judgment-and-execution apartment principle,supplementing the relevant litigation clauses,strengthening the integrated public service and establishing the credibility rating of anti-domestic violence.