Study On The System Of Personal Safety Protection Order In China

In contemporary society,domestic violence has attracted more and more attention from all walks of life,because it is a serious destructive behavior to personal rights.Family violence causes harm to the victim's body and psychology,but also children who grow up in the atmosphere of family violence could produce negative effects on their character.Therefore,anti-domestic violence has increasingly become an important task of the state and society.The formal implementation of the Anti-Domestic Violence Act of the People's Republic of China marks a new stage in the process of the rule of law.As the core and highlight of the law,the system of personal safety protection order has been unanimously recognized by academia and society.Because the development of this system is just at the beginning in our country,it shows some immature and inadequate in theory and practice.Therefore,the research object of this paper is the system of personal safety order.This paper analyzes its implementation status,finds out its existing problems,and then puts forward some concrete feasible suggestions.Besides epilogue,this article is divided into four parts.The first part is the introduction.It mainly introduces the research background and significance of this paper,research status at home and abroad,research content and research focus,research methods and innovation and deficiencies.The second part studies and analyses 518 personal security order rulings of Judicial Documents Network in 2017 and related works,periodicals and academic papers.Then it discusses the current situation of the implementation of the system of personal safety protection order in China from six aspects: the applicant of habeas corpus,the application rate and geographical distribution,the trial result of habeas corpus verdict,the standard of proof and the scale of issuance,the linkage of various organs and organizations,and the measures of habeas corpus.The third part analyses the problems of the system of personal safety protection order in China and the necessity of improving and perfecting.It includes seven aspects.First,the traditional concept is deep-rooted.Second,the scope of application of the protection order is not complete.Third,standards of proof and the burden of proof are lacking.Fourth,the emergencypersonal security protection order is lacking.Fifth,the specific implementation system of the personal security protection order has defects.Sixth,the legal liability for violating the protection order is weak.Seventh,education measures for perpetrator are lacking.The fourth part is the improvement suggestion and feasibility analysis of the system of personal safety protection order in China.It puts forward perfect suggestions,and analyses and demonstrates the feasibility of the suggestions.Firstly,it is suggested to improve the scope of influence of habeas corpus system.Secondly,it puts forward that sexual violence and economic control should be included in the scope of application of habeas corpus.Thirdly,it puts forward clarify the burden of proof and the standard of proof.Fourthly,it is essential to improve the provisions of emergency habeas corpus.Fifthly,legislature should improve specific enforcement system of the personal safety protection order.Sixth,it is necessary to strengthen the sanctions against the perpetrators of violations of personal safety protection orders.Finally,it should establish the treatment plan.