Research On Personal Security Protection Order System In China’s Anti-Domestic Violence Law

Personal safety protection order is a civil judicial remedy specially established to prevent and stop domestic violence and protect victims of domestic violence.National courts issued thousands of personal safety protection orders in recent three years and protected a large number of people’s rights and interests of the violent people.However,as a new thing that has just entered China,personal safety protection orders have also experienced some shortcomings in practice.Some places have yet to be perfected,so it is worth analyzing and researching.The text is divided into four parts:The first part mainly elaborates the basic concepts and characteristics of personal safety protection orders.The habeas corpus is a civil remedy that the party applies to the court to protect one’s personal rights when it is in danger of domestic violence or domestic violence.The personal safety protection order is different from the behavior preservation.The latter is a temporary protection measure against the disputes between the two parties in the course of litigation cases.It has dependence and the two are different concepts.The habeas corpus is not attached to a civil lawsuit and can be raised on its own.This gives the victim a great choice.In addition,the habeas corpus has the characteristics of pre-existing prevention.It does not need to cause damage,as long as there is a real danger of domestic violence.The application can be filed.It can exist in various periods of ex ante relief,remedial remedy and post-disciplinary punishment.It can be changed from the usual after-the-fact punishment to the pre-existing protection,so that the public power can be promptly involved in the domestic violence,effectively preventing the occurrence of serious consequences.The second part introduces the legislation and referee practice of the personal safety protection order system in China.The protection order applies to family members who have domestic violence or to people living together;the substantive conditions for applying for a protection order require a realistic risk of domestic violence or domestic violence;in the case of evidence,the judge refers to the general rules of the Civil Procedure Law to deal with domestic violence.Cases;protection orders are enforced by the courts,public security organs and grassroots organizations assist in enforcement;protection measures mainly include prohibiting domestic violence,prohibiting harassment,tracking,etc.;from the perspective of the referee,the legislation limits the applicable subject of the protection order to family members and Between the living people,it is not conducive to the wide application of protection orders;the lack of evidence,the high standard of proof makes the identification of domestic violence difficult;the enforcement mechanism is unreasonable,the public security organs do not play an advantage in the execution of protection orders;The disciplinary measures are not punitive enough.Fines and detentions do not produce sufficient shock to the respondent.In practice,it is difficult to truly punish the respondent.The third part examines the legislative overview of the civil protection order system in the United States and Taiwan.In the United States and Taiwan,the protection orders are classified.In the determination of family members,the extraterritorial law generally adopts a broad attitude.Except for close relatives,most of the former spouses and former cohabitants are included in the scope of protection,so that more victims can get Asylum;the rules of evidence generally show the characteristics of convenient evidence and low standard of proof.The US rules of superiority of evidence greatly reduce the application threshold for protection orders;the extraterritorial law provides for proper punishment and deterrence of violations of protection orders,the United States and Taiwan.All of them violated the protection order as a crime,and stipulated the corres ponding criminal punishment.The US police can also arrest the person who violated the protection order without a warrant.The fourth part puts forward suggestions for the improvement of China’s personal safety protection order system.The subject of protection should be expanded to include protection orders for family members and those who have lived together,and to expand the family members to other relatives other than close relatives;to expand the scope of domestic violence,to bring spiritual violence,economic control and marriage Domestic rape and other acts are included in domestic violence;property protection measures are added to the protection order;pre-existing assessment mechanism for domestic violence risk is carried out in evidence;quality evidence is applied,social investigation report system is implemented,superior evidence rule and high probability proof standard are used together;Applicants who violate the personal safety protection order are included in the list of untrustworthy persons,domestic violence information online,and community corrections.