Study On The Execution System Of Habeas Corpus Order

In 2016,the anti-domestic violence law was formally implemented,and the system of habeas corpus was formally established in the form of legislation.Habeas corpus is an order issued by the people's court for the victims of domestic violence to protect their personal safety by prohibiting or requiring the perpetrator to perform certain ACTS.Habeas corpus system so far has been running for three years,all over the country court ruled successively sent out multiple copy of habeas corpus,in plays a important role in the prevention of domestic violence,as an important component of the system of habeas corpus-the execution of habeas corpus is regarded as play a key role in the studies of the effectiveness of habeas corpus.However,the provisions of habeas corpus execution system in the law against domestic violence are very crude,which simply stipulates the execution measures,executing agencies and penalties for violating the habeas corpus,but there is no mention of other implementation systems.The writ of habeas corpus has its particularity.We need to consider whether the relevant system of civil execution stipulated in the civil procedure law of China is applicable to the execution of the writ of habeas corpus.The first chapter of this paper summarizes the concept and nature of habeas corpus,China's civil execution system and the execution of habeas corpus,positioning the habeas corpus as an independent legal system and a judicial remedy made by the court.In addition,the relevant content of the civil execution system is combined with the execution of the writ of habeas corpus to discuss whether the relevant content of the civil execution system is applicable to the execution of the writ of habeas corpus.The second chapter analyzes the status quo of habeas corpus enforcement in China and discusses the existing problems in the implementation of habeas corpus.The third chapter of this paper reviews the execution system of habeas corpus outside the country,in order to put forward the reference significance for our country.The author mainly takes the United States and Taiwan as the object of study,and investigates the institutions,modes and relevant enforcement systems of habeas corpus in the United States and Taiwan.In chapter four,after a brief evaluation of the civil protection orders in the United States and Taiwan,the author believes that to effectively implement the writ of habeas corpus,it is necessary to add special enforcement legislation.Secondly,the responsibility of the executing agency should be clarified.Third,we need to improve the mechanism of supervision and enforcement.Fourthly,the violation of habeas corpus should be included in the scope of criminal law.