Studies On Domestic Violence Civil Protection Order Procedures

Domestic violence exists widely in various countries and regions.It has become a social problem all around the world,which causes the close attention of international society.Many countries and regions solve the issue by legal means,which attempts to provide comprehensive and effective relief.One of the most widely used means that prevents and stops domestic violence is civil protection order system.Such relief is very different from the traditional ones.It admits to deal with domestic violence and wants to provide a protection way for sufferers before the domestic violence happens.In the field of prevention and control of domestic violence,our country has not been established civil protection order system at present.But there is such relief in judicial practice.Because the lack of whole nation unified legislation of domestic violence,there are some problems in judicial practice.It can not provide effective relief for victims of domestic violence.This situation is not conducive to legal regulation on family violence issues.It is necessary to conduct formal legislation system.Before the formal legislation,we need do more detailed study about this system.Now the academia system researches mainly concentrate on substantive law,but procedural law has seldom involved in.However,the relief of right must through certain procedures to achieve.Ignorance the rules of procedure will be bound to bring adverse effect.Specific to the domestic violence protection order system,due to domestic violence cases have the characteristics,the specific program setting will be different from the general civil litigation.It is necessary for domestic violence and civil protection order program system for specialized study.Therefore this thesis focuses on the procedural civil protection order to carry on the discussion and research.This paper is divided into four parts:The first part gives a brief account of the civil protection order system.This part introduces the domestic violence protection order system origin,elaborates the domestic violence protection order definition and analysis of their characteristics.Through a comparison with the similarity system,this paper analyzes the necessity of building the system.Then discusses the civil protection orders in domestic violence should be followed special procedure law.The second part discusses the domestic violence civil protection order in comparative perspective.Through a comparative approach,this part investigates and analyses the relevant provisions on domestic violence of civil protection orders procedures in the United States,Britain,Australia,Chinese Taiwan and Chinese Hong Kong.It involves in the scope of supply,the condition of application,proceedings,and enforcement procedures.Then summarize the commons above.The third part discusses the existing problems procedures of civil protection order in our country.This part includes two aspects:first,summary of the provisions of the current situation of Chinese domestic violence civil protection order procedures;secondly,through the above for domestic violence and civil protection order related procedures introduction,analysis our country present about the system in the procedure of deficiency.The fourth part perfects our family violence civil protection order program.On the basis of previous discussion,the author puts forward to perfecting our country’s domestic violence protection order procedures,including the applicable scope,procedure setting the basic principles,domestic violence protection order application conditions,trial procedures,as well as domestic violence protection order executive body.