Research On The Judicial Application Of Personal Safety Protection Order

The family is important to the individual,to the society,and to the country.For individuals,home is a charcoal fire to drive away the cold,home is a warm tea,home is a haven from the wind,and home is a myth of family harmony.As far as society is concerned,a good family style is helpful for the cultivation of harmonious neighbor relations and for the construction of stable and harmonious society.For the country,"a family is a small country,and a country is a tens of thousands of families",and family harmony is the root of the country’s prosperity and development.With the rapid development of material culture,the development of spiritual culture has not kept up,and then the family disharmony has emerged,especially the problem of domestic violence.This has always been a hot issue that has been highly valued by the society and is related to the harmony and stability of the society.Therefore,it is also a social issue that must be regulated and controlled by law.On March 1,2016,the "Anti-Domestic Violence Law of the People’s Republic of China"(hereinafter referred to as the "Anti-Domestic Violence Law")came into effect.It guides family members to help each other,care for each other,and live in harmony.Every member of the family can fulfill their family responsibilities and duties,which demonstrates the core socialist values.The personal safety protection order system is stipulated in Chapter 4,which is also the biggest bright spot.This system is the core content of the Anti-domestic Violence Law,which plays a vital role in the prevention and suppression of domestic violence.However,the content has only ten legal provisions,and there are still many areas that need to be refined and improved in the legal provisions.This leads to a lot of troubles in the process of judicial practice.Literature research and case analysis are the research methods of this article.Through the analysis of three cases,the dilemma of personal safety protection orders in judicial practice is drawn,and the reasons for the dilemma are found on this basis,and corresponding suggestions for improvement are put forward.In addition to the introduction and conclusion,this article is divided into three parts:The first chapter is a brief introduction of the case and the key issues summarized.This article selects three cases of Li Moumou’s personal safety protection order,and summarizes three key issues,namely,whether the subject of the personal safety protection order is eligible,whether the evidence rules of the personal safety protection order are reasonable,and personal safety protection.Whether the execution mode of the order is reasonable and whether the relief measures are comprehensive.The second chapter is legal analysis.This part focuses on the in-depth analysis of the focal issues in the personal safety protection order.Combining the case,it elaborates the root cause of the problems in judicial practice,and puts forward corresponding countermeasures on this basis.The third chapter puts forward relevant suggestions for the improvement of personal safety protection orders in judicial practice.Based on the conclusions of the case analysis,the author puts forward countermeasures and suggestions in a targeted manner.Improve the issue of issuance: stipulate the applicable conditions at the legal level,expand the scope of the applicant and the applicant on behalf of the applicant;improve the identification of the evidence rules: limit the inversion of the burden of proof,appropriately reduce the standard of proof,strengthen the popularization of the law and improve the public’s Legal ideology;improve the implementation model and relief measures: clarify the subject of implementation,increase penalties and increase penalties;build a diversified pattern of relief measures.