The Deficiency And Perfection Of The Personal Safety Protection Order In The Anti-domestic Violence Law

From the primitive society to the clan society,and then to the family-based socity,the conflict and violence within human population never stopped.However,it was not until the 1970 s that domestic violence began to attract the attention of the international community.In the 1990 s,many countries and regions have enacted special laws on preventing and curbing domestic violence,or included the prevention and punishment of domestic violence in legal documents.Many countries or regions use protection orders as an important legal measure against domestic violence.China's anti-domestic violence law,which came into effect on March 1,2016,is the first special law to prevent and curb domestic violence.This new law established the system of habeas corpus in the form of legislation for the first time.Although this system was introduced after years of experimental work on issuing personal safety protection order,this system do not work effectively in domestic violence cases,because of the overly principled content of the law and other issue.This thesis aims to put forward more practical suggestions to legislative improvement by studing habeas corpus system,and to enable more victims of domestic violence to get rid of domestic violence with the help of this powerful legal system.This paper takes 518 habeas corpus published by the judicial instrument network in 2017 as the research sample,and summarizes the deficiencies of the habeas corpus application,type of protection order,rights of the respondent,trial procedure,evidence system and execution,through the statistics and analysis of the case application,review and award reflected in the habeas corpus.In Taiwan,Hong Kong,Macao regions of China,habeas corpus system is used for domestic violence cases.Although the root and state of domestic violence among Mainland and these regions of China,who share the same culture,have got some features in common,this system has differences in entities and programs due to the legal background.Therefor,we can find a way to perfect our habeas corpus system and explore a system more suitable for our society by drawing lesson from Hong Kong,Marco and Taiwan regions.At the end of this paper,the author puts forward some suggestions to improve the physical and procedural aspects of the current habeas corpus system based on the case analysis conclusion and the cross-strait four-place system.It is hoped that the study of this paper can be used as a reference for academic and practical research when the detailed rules and regulations of system implementation and system revision are issued in the future.