Research On Habeas Corpus System From The Perspective Of Anti-domestic Violence

Domestic abuse horizon,in this paper,the our country the system of habeas corpus,the basic theoretical issues,in the judicial practice to study the status quo and the problems arising from the practice,and through the way of data integration detailed analysis for the existing problems,finally to habeas corpus in the judicial practice how to better apply constructive Suggestions are put forward.The anti-domestic violence law of the People's Republic of China(hereinafter referred to as the anti-domestic violence law)issued by China in 2015 has clear provisions on habeas corpus,but it is not mature since it just started,and the existing legal system and supporting mechanism are not perfect.Therefore,in this paper,the system of habeas corpus from the perspective of domestic violence in and out of the region is also sorted out and integrated to provide reference for the problems in judicial practice in China.The thesis is divided into four chapters.The first chapter is the detailed elaboration of the overview of habeas corpus system,which involves the concept of domestic violence and habeas corpus,the nature and content of habeas corpus,as well as its institutional value in anti-domestic violence.Chapter two,the present situation of the judicial application of habeas corpus big data analysis and existing problems.Of habeas corpus in our country,the judicial application of big data statistics,selecting samples of 374 cases were analyzed,and concluded that at present our country habeas corpus system has the following legal issues: one is the entity that standard is not unified,the second is the absence of procedural law is not clear and even,the third is the law of habeas corpus attribute that is not clear,hard case execution.Chapter three: introduction and enlightenment of the system of habeas corpus in and out of the territory.The United States,the United Kingdom,Japan and Taiwan of China are summarized,and the situation of each country(region)is always different.This paper compares the application of habeas corpus system in different countries(region)with the experience of China's judicial practice,and draws lessons from the advanced ideas outside the region from different perspectives.In the face of the system of habeas corpus in China,the proper expansion of the scope of applicants,detailed classification,etc.,can be considered in the future legal improvement process in China.Chapter four,Suggestions on perfecting the system of habeas corpus in the anti-domestic violence law of our country.In the second chapter the problems existing in the system of habeas corpus in our country,combined with different countries(regions)inside and outside the domain experience,this paper puts forward the following Suggestions: it is clear the family of habeas corpus method,type,2 it is to improve the domestic abuse method against the specific content of habeas corpus,3 it isto refine the home of habeas corpus cases method,review procedures,four is habeas corpus in domestic abuse method to establish the special rules of evidence,five is to build a comprehensive domestic abuse method in the system of habeas corpus supporting measures.