Research On Personal Safety Protection Order System

The stability of the family has a positive effect on the society which reminding us the family is the basic of the country.Therefore,often a family occurrence of violent incidents,will inevitably lead to a series of social and human unrest and crisis.In particular,individual major and extreme social reprisals are often the victims of domestic violence.In recent years,domestic violence is not only a domestic problem,but also a destabilizing factor that disturbs social harmony.Even to some extent,it can also induce criminal disputes.Therefore,it is urgent to solve the severe social problem of domestic violence.The legal process of anti-domestic violence in China started relatively late,and the original legal system about domestic violence was only about principle but lacked practical operability and failed to protect the victims fundamentally effectively.However,<The anti-domestic violence law> which enact in 2006,Among them,the most high-profile regulations of personal safety protection provide a strong legal basis for preventing and stopping domestic violence.Although the clear stipulation of personal safety protection order system is our country in the process of rule of law about anti-domestic violence,but because of personal safety protection is still in the new stage of development,the provisions of the content are too simple and general,in practice,gradually highlight some legal details are blank,causes for the safety protection of concrete operation standard inconsistent or not covered.Therefore,how to make good use of personal safety protection to protect the interests of the applicant better,there are still a lot of room for improvement.Based on the Chinese system,we started from know about the definition,characteristics,judicial value and the origin and historical evolution of personal safety protection,so that to study the relevant theories of personal safety protection order,and introduce foreign countries such as the United States,Britain,Japan,Australia,Hong Kong and Taiwan to Reflected on the domestic situations,and then we learn about that combined with China's reality,only by constantly improve the system of personal safety protection,can better protect applicants,in further,reduce domestic violence problems.The Domestic violence has always been the focus of society and about how to prevent it is still the major problem.It is not only necessity for system of personal safety protection order but also for legal system.The author adopts comparative method,case study and other research methods to reflect system of personal safety protection order from the legal theory,compared with law inside and outside of the field,Based on truth to find its inadequacy and list to analyze.The innovation of this research is to analyze the applicable subject of personal safety protection and unclear of procedure;type of protection order is not comprehensive;The duty of proof is difficult with the disunity standard of evidence adoption;Uncertainty time for service;difficulty of implementation;imperfect supporting system with protection order and etc,meanwhile some advice has been put forward.For example,to clarify the applicant body of the writ of personal safety protection;increase the type of personal safety protection;reasonably allocate the burden of proof;improve service related issues;Strengthen the implementation;and fulfill relevant issues,which are totally six advices.The author makes a comprehensive analysis and deeply thinking to show individual power to support against domestic violence based on the completely understanding of the system.There are certainly questions appeared with a new policy but truth comes from experience is indispensable accompany with new policy.This personal safety protection order will be a useful weapon to resist and prevent domestic violence whatever from a legal point of view or from a practical.