On The Normative Analysis And Legal Basis Of Personal Safety Protection Orders In My Country

The personal safety protection order is a judicial relief measure made by the people's court to protect the personal and property safety of victims of domestic violence from physical and mental violence of the perpetrator.Since the Anti-Domestic Violence Law of the People's Republic of China was formally implemented on March 1,2016,the Personal Safety Protection Order,as an important content created by the Anti-Domestic Violence Law,is designed to prevent and stop domestic violence and protect the legitimate rights and interests of family members.Has played an active role.In the past four years,domestic violence incidents of ordinary people and public figures have occurred frequently,which has caused adverse effects on the society and also exposed the many problems that have occurred in the application of the personal safety protection order system today.The deep-seated factor behind this is that it is still widespread in society.There is a misconception that domestic violence is "housework",and the relevant functional departments "don't want to manage" domestic violence.The deeper theoretical basis lies in the legitimacy and degree of intervention of public power's intervention in private rights.Combining with the current new situation and new problems,this article is based on the foundation of legal principles,first of all,the legitimacy analysis of the personal safety protection order is provided,and the legitimacy basis is provided for the public authority to intervene in domestic violence.Demonstrate that domestic violence violates basic human rights such as personal safety and the right to health from the perspective of human rights.Based on respect and protection of human rights,the state must break the concept of "no law at home";from the perspective of liberalism,the principle of harm,positive freedom and negative freedom,Demonstrate the legitimacy of national public power intervention in domestic violence;demonstrate the moral justice of the Personal Security Protection Order from the Anti-Domestic Violence Law based on a utilitarian perspective;based on the construction of a country under the rule of law,the involvement of public power in domestic violence is justified.Secondly,based on the analysis of the legitimacy of the personal safetyprotection order,the actual problems of the personal safety protection order system in the Anti-Domestic Violence Act in the entity and procedure are discussed.For example,the system of applying for the main body is not feasible;specific protection measures Not comprehensive enough;the enforcement system lacks operability;the legal deterrent is not strong.Finally,put forward suggestions for improvement,clarify and expand the regulations on behalf of the applicant;improve the specific measures of the personal safety protection order;improve the execution system of the personal safety protection order;increase the legal liability for violation of the personal safety protection order.Strive for personal safety protection order to truly become a useful weapon to prevent domestic violence.