Research On The Effective Implementation Of Personal Safety Protection Orders

The family is the cell of society.A safe,harmonious and stable family environment not only concerns the vital interests of family members,but also directly affects the harmony and stability of society.In real life,domestic violence not only destroys the good family environment and order,but also lays hidden dangers for the occurrence of criminal crimes in related fields.In order to further protect the legitimate rights and interests of victims of domestic violence,and to curb and combat domestic violence,the "People's Republic of China Anti-domestic Violence Law"(hereinafter referred to as "Anti-domestic Violence Law")officially implemented in March 2016 was the first law which clearly stipulates the personal safety protection order system.This system is a system innovation made on the basis of the reference to relevant foreign systems and the pilot work on personal safety protection rulings carried out in some areas of China in recent years.It is a major breakthrough in China's legislation on marriage and family and anti-domestic violence.The promulgation of this system fills in the blanks of the legal system in related fields,and is an important means for preventing and interfering with domestic violence.It has important values and functions.It not only enhances the judicial(public rights)intervention in domestic violence,but also allows the family The post-violence prevention punishment has been moved to preventive measures beforehand,which has more effectively safeguarded the legitimate rights and interests of victims of domestic violence.However,there are still many problems and challenges in the implementation of the personal safety protection order in China's current Anti-Domestic Violence Law.In the existing legal provisions,there are too many principles and generalities.There are no specific operating procedures and relevant judicial interpretations for reference,especially the more general provisions on the core elements such as the enforcement subject,the enforcement method,and the supervision mechanism.When confronted with specific cases,departments have different standards,are difficult to comply with,and push each other,and it is difficult to form a joint force to promote the effective implementation of personal safety protection orders.At the same time,the existing legal provisions regarding the responsibility mechanism for breaching personal safety protection orders need to be improved,and some injurers will evade the effective implementation of protection orders through violent confrontation,passive resistance,and nonsense.Aiming at the problems and challenges in the current implementation of China's personal safety protection order,this paper investigates and analyzes the civil protection order(personal safety protection order)system in different countries and regions such as the United States,Japan,and Taiwan,China.)Analyze the content types,enforcement methods,responsibility mechanisms,and specific implementation modes of protection orders in each country(region)to learn from their successful experience,and provide a useful reference for the effective implementation of China's personal safety protection orders.Based on the above analysis,this article believes that the following three aspects need to be optimized and improved to comprehensively promote the effective implementation of China's personal safety protection order.The first is to further optimize the execution subject and mechanism of the personal safety protection order through detailed content design,sound implementation methods,and improved daily supervision.The second is to further optimize the responsibility for personal safety protection orders and the punishment mechanism by strengthening criminal crackdown,using existing punishment methods,and incorporating social credit information systems.The third is to further optimize the supporting measures for personal safety protection orders and the long-term mechanism through efforts to achieve both the root cause and the problem,to appropriately protect applicants,and to focus on the optimization and improvement of soft power.