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An Empirical Study Of The Public Security Organs Assisting In The Implementation Of Personal Safety Protection Orders

Posted on:2018-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:J Q YanFull Text:PDF
GTID:2436330542477044Subject:Civil and commercial law
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The Law on the Anti-Domestic Violence of the People's Republic of China((Hereinafter referred to as "anti-domestic violence law"))was implemented on March 1,2016,it is clear that domestic violence is a social problem,giving public power to interfere with domestic violence,reflecting the zero tolerance of domestic violence in China.In the relevant provisions of the "anti-domestic violence law,personal safety protection order is the most powerful protection,but also theorists and practitioners are more concerned about one of the topics.Personal safety protection order to the domestic violence perpetrators with a strong deterrent,to achieve the goal of preventing domestic violence.The life of the law lies in the execution,whether the system of personal safety protection can be trusted by people,must be protected by effective enforcement.In the organs of public power,public security organs as the main body to assist the implementation,because of its deep antenna,strong mobility and other characteristics will undoubtedly become the main protagonist of the implementation of personal safety protection order,but the "anti-domestic violence law" provisions on how the public security organs to assist the implementation of personal safety protection orders did not make specific provisions,only with a word with and lack of operability.The effectiveness of the public security organs to assist in the implementation of personal safety protection orders,mainly related to two aspects.On the one hand is the situation within the public security organs,including the number of primary police,the proportion of gender and cognitive situation,on the other hand is the case of personal safety protection order,mainly related to the content,quantity and timeliness of personal security protection order.The current new law is implemented for one year,through practice can find the existence of the principle of the problem,provide timely feedback on existing problems.In view of the different situation of the subject and object,comprehensive selection includes the means of retrieving data,investigating questionnaires and negotiating interviews,to explore the new law after the implementation of the public security organs to assist the implementation of personal safety protection order.Public judgment search statistics to understand the number of personal security protection orders,content and distribution of the situation,questionnaire survey to understand the public security organs for the implementation of personal safety protection order conditions,awareness and so on,interviews are mainly focused on some of the problems confused to do interactive communication,to understand and summarize the public security organs for the implementation of personal safety protection issues in the process of doubt.Through empirical research,found that the current public security organs to assist the implementation of personal safety protection order is not optimistic.Public security organs as the main body to assist the implementation,lack of awareness of personal safety protection and domestic violence,the concept has not completely changed the domestic violence is private thinking.In the implementation of assistance,gender ratio,the number of conditions and other conditions are not suited to the implementation of personal safety protection order.The object,the personal safety protection order part of the content also need to be clear,in particular,the contents of the ruling are not uniform,this will give the public security organs to assist in the implementation of unnecessary trouble.Public security organs to assist personal safety protection order is not a separate procedure,to ensure the effective implementation of personal safety protection orders,but also need other agencies to cooperate with the victims of domestic violence to achieve the "umbrella" role.
Keywords/Search Tags:Public Safety Agency, Personal Safety Protection, Assist in Execution, Empirical Research
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