Research On The Application Of Evidence Rules In Habeas Corpus Protection Orders In China

As the basic unit of society,the family plays a fundamental role in the development and stability of the society.The existence of domestic violence not only affects the harmony of family relations,but also infringes on the rights of the victims to health and life,and more seriously affects the long-term peace and stability of the country.China officially implemented the Anti-Domestic Violence Law of the People’s Republic of China on March 1,2016,which established the relevant provisions of habeas corpus for the first time,and provided legal explicit protection for the personal safety of victims of domestic violence.However,due to the particularity of the family environment,there are various problems in the application of the evidence rules of habeas corpus.These defects make some victims of domestic violence can not get personal safety protection,and then they still suffer from domestic violence.Therefore,it is necessary to study this and explore the perfect path.This paper is divided into four parts: the first part is a general overview,from the concept of protection order,type,the content and application value of the rules of evidence and so on.The second part starts with the analysis of the status quo of the application of the evidence rule of habeas corpus protection order in China,points out the problems existing in the application of the evidence rule of the parties,the court and the third party,and then analyzes the reasons for these defects.The third part summarizes the experience of other countries and regions by sorting out the application of evidence rules in habeas corpus protection order.The fourth part puts forward corresponding suggestions on the application of evidence rules by the parties,the court and the third party,in order to provide reference for the application of the system.This article from the perspective of three main body,to the personal safety protection in the application of the rules of evidence to make a comprehensive combing,through to understand relevant theories analysis,combining the personal safety protection for nearly two years,with the method of combining theory and practice of this paper expounds the three main body in the application of the protection of the personal safety problems of evidence rules,and on the basis of the relevant Suggestions are put forward.