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Study On The Application Of Personal Safety Protection Order In The Anti-Domestic Violence Law

Posted on:2020-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:J L LiFull Text:PDF
GTID:2416330572470582Subject:legal
Abstract/Summary:PDF Full Text Request
The "Anti-Domestic Violence Law of the People's Republic of China" came into being,providing relief for victims of domestic violence and the rights and interests of the victim's person and property.However,in terms of personal security protection orders,the horizontal comparison with other countries or regions,such as the United States and the United States and Taiwan,its provisions are not detailed and complete,and there have been many problems in the application of the past three years.In order to understand the current status of the application of personal safety protection order,this article begins with the basic theory of the personal safety protection order system,through the sample analysis of 1032 rulings on the Chinese refereeing documents,and finds the personal safety protection order in combination with specific cases.Problems in the application process for three years.At present,China's personal safety protection order system faces problems such as regional imbalance of application quantity,inconsistent document format and ruling protection measures,unclear burden of proof and certification standards,low implementation efficiency,and single and insufficient punishment methods.In practice,it is difficult to fully demonstrate protection orders.The beneficial effect.Therefore,in the end,the article puts forward corresponding countermeasures for each problem:strengthen the local legislative balance regional differences,combine the practice to improve the current legal provisions,flexibly apply the burden of proof and certification standards,promote the integration of trials and regulations,increase die punishment method,and increase Penalty.It is hoped that the effective promotion of personal safety protection orders will play a certain role,so that those who suffer from domestic violence can get real relief and thus promote the rule of law.
Keywords/Search Tags:Anti-domestic Violence Law, Domestic Violence, Personal Safety Protection Order
PDF Full Text Request
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