Research On The Perfection Of Personal Safety Protection Order System In China

Domestic violence has a great impact on family harmony and social stability in our country.It is a serious threat to a person's life safety and has become a universal problem that all countries(regions)attach importance to.The " Anti-Domestic Violence Law" implemented in 2016 has established a system of personal safety protection orders through legislation.The emergence of this system has injected a fresh force into the punishment of domestic violence in our country and is of great value.Influenced by historical factors,for a long time,the prevention and control of domestic violence has focused on " women".Few people started from the protection of minors.Few people paid attention to the problem of minors suffering from domestic violence.In the traditional sense of our country,minors rely on their parents and their unique rights are often ignored.In order for minors who have experienced domestic violence to defend their legitimate rights and interests with the system of personal safety protection orders,they must treat minors and adults separately,separate the two from reality and attach importance to the unique rights of minors.Our country's personal safety protection order system appeared relatively late and still belongs to a new system.Its corresponding legislation is too general and simple.In many aspects of system setting,there is no specific clarity and it cannot fully play its effective role.The provisions on preventing minors from being subjected to domestic violence are simply listed in the legal provisions.The conditions for applying personal safety protection order are vague,and there is no special chapter to regulate it.The relevant provisions are not comprehensive and the special status of minors is ignored.Various signs show that the personal safety protection order system still has many deficiencies in protecting minors.Compared with the legislative systems of other countries and regions,there is still a certain gap between the domestic violence of minors in China and the application of personal safety protection order system,which needs to be improved urgently.Based on the introduction of the personal safety protection order,this paper puts forward the necessity of the system to protect abused minors,summarizes anddiscusses the national and local regulations on the application of the personal safety protection order for minors in our country,finds out the defects in the practical application of the system,and finally obtains the universal problems such as the frequent domestic violence suffered by minors in our country,the serious consequences of the infringement,the incomplete legislation,the insufficient public participation and so on.This article makes a detailed comparison between the legislative provisions of the United States,Britain and Taiwan to prevent domestic violence against minors and the relevant systems in China's current legislation,ponders over the shortcomings in China's legislation,suggests that the " Anti-Domestic Violence Law" should put the interests of children in the first place,and on the basis of this research proposes to perfect the personal safety protection order to protect abused minors and its related systems in China,and emphasizes the important role of public power in this process.We will improve the specific relief functions of relevant departments,improve and enhance the mechanism for preventing and controlling domestic violence,call on social groups to pay special attention to minors,truly protect the legitimate rights and interests of minors,and make law enforcement and judicial activities run more smoothly to achieve legislative purposes.