Research On The Personal Safety Protection Order System Of Anti-domestic Violence Law

In recent years,the incidence of domestic violence raises with each passing day.The third phase survey data of female’s status in China shows that 1/5 of Chinese women have encounted domestic violence.As a kind of firewall between perpetrators and victims,the system of personal safety protective order is published in China to prevent the constant emergance of domestic violence,which is conducive to prevent victims from domestic violence.However,this system exists many problems in practice and produces little effect in suppressing domestic violence because the regulation of this system is too general and lacks specific operability.This article incidates several issues in personal safety protective order through introducing its contant and the typical cases about the issuance of protective order since the implimentation of the system of personal safety protection order,such as unilateral scope of application,minor violence types and evidence types,the difficulty in quote and attestation,controversial implementation subject and indeterminate implementation division of labor.Therefore,it is necessary to further define domestic violence scientifically through drawing lessons from foreign countries.For example,it is feasible to add divorced spouse without living together,divide types of domestic violence more meticulously,increase evidence types to avianize the burden of proof of the applicant.Moreover,it is indispensible to further refine the specific authority of policemen through publishing assorted administrative regulation and judicial interpretation to guarantee the implementation of protective order so that laws and regulations can provide comprehensive protection.