Research On Personal Safety Protective Orderresearch On Personal Safety Protective Order

Domestic violence has always been an obstacle for harmony of families and stable development of society,which not only irreparably traumatizes the physical and mental health of the victim but also intrudes human rights and dignities.With the enhancement of awareness on the rule of law,people gradually started to realize that domestic violence is not just personal affairs within a family itself,but it should be under the supervision of law.The legislator of our country has put the topic of prevention of domestic violence on the agenda.The Anti-Domestic Violence Law,promulgated in 2016,as a special law in the field of domestic violence,is a milestone in the Domestic Violence Prevention and Control Project and it plays an important role in legal prevention on domestic violence.The Anti-Domestic Violence Law released a series of new systems.The Personal Safety Protection Order System,as an important means of protecting victims,has attracted great attention and discussion since its implementation.On the basis of foreign Civil Protection Order System,our legislator improved this new system according to the actual situation in China and named it as the Personal Safety Protection Order System,aiming at protecting the personal safety of victims of domestic violence and promoting family stability as well as the development of social harmonious.Since the implementation of the system,it has played a significant role in the protection of victims of domestic violence.However,there are still some shortcomings which need to be improved in the light of legal practice and the more mature extraterritorial Civil Protection Order System.Through research,the author finds that the current study of extraterritorial Civil Protection Orders in the academic circles is concentrated on Taiwan,Japan,United States etc.,but rarely targeting a specific country.To this end,the author takes the Chinese and American systems as research objects and summarizes the current development status and deficiencies of the Personal Safety Protection Order System in China through literature research methods,case analysis methods,comparative analysis methods,etc.In order to compare the two systems,with a view to summarize the advantages where the Personal Safety Protection Order System of China can learn from the US system and to put forward suggestions for improving the system of our country,this article discusses from the following aspects:Part ?: Overview of the Personal Safety Protection Order System.This part elaborates on the definition of Personal Safety Protection Order.It summarizes definitions of Personal Safety Protection Order by multiple domestic scholars and defines the Personal Safety Protection Order in combination with relevant information.It also discusses the nature of the Personal Safety Protection Order.Finally,it discusses the historical developments of both Personal Safety Protection Order and Civil Protection Order from both domestic and foreign aspects.Part ?: Review and Discussion of the Status Quo of China's Personal Safety Protection Order System.This part summarizes the status quo of the Personal Safety Protection Order System since its implementation from the perspectives of both legislation and legal practice.In the aspect of legislation,the legal provisions and regulations including the regulations before the introduction of Personal Safety Protection Order System have been systematically reviewed;in the aspect of legal practice,the case data as well as the current state of practice of the system the Personal Safety Protection Order System of this two years has been summarized,and the program and entity content are summarized.At the same time,based on the above summary,this part puts forward the shortcomings of the Personal Safety Protection Order System based on the implementation status from the perspective of both substance and procedure.Part ?: The Civil Protection Order System in American and Its Legislative Enlightenment.This part first introduces the concept and development history of the US Civil Protection Order,and roughly summarizes the legislative process of the US Civil Protection Order.Then it introduces the current development status of the Civil Protection Order System in the United States,including its legislative status and judicial status,and selects typical cases for detailed explanation.Part ?: Comparison of Personal Safety Protection Order System between China and the United States and Its Enlightenments.This part compares the differences between China's Personal Safety Protection Order System and the US Civil Protection Order System from the aspects of substance and procedure,and it also summarizes the advantages and useful experience of the US Civil Protection Order System.With the combination of China's current conditions,it puts forward legislative proposals of the further perfections and developments of China's Personal Safety Protection Order System.