Analysis On The Institution Of Civil Protection Order

Family is always related with care and love in original. It is also a good place of study and living. But at the same time, family is a place of contradiction and violence. Family violence is a great threat to family members and to the whole society, too.The following should be taken into consideration: the combination of prevention and punishment; the help and protections to victims and the help to the relatives and friends of victim; the protection of victim and the victim's worries of unwilling to leave the family; the punishment to the wrong doer and the treatment of his mental disorder, etc. Among all the possible remedies, the civil protection order has been adopted by most of the countries.In this article, considering the fact that family violence is harmful to the individual and the society, the family and the society and should treat it differently from other kinds of violence, the thesis comes up with the opinion that domestic violence can't be prevented unless civil protection order is adopted.The dissertation, almost 50,000 words, is divided into four parts:Part1 : The reasons of applying for civil protection order. In order to prevent family violence from happening, civil protection order is created. Without any doubt, family violence should be the reason for applying for the order. For this reason, to understand what family and violence mean will be the first thing to understand this article. Traditional definition of family cannot satisfy the needs of modem society. In this article, the author analyzes the fact of practical marriage and cohabiting at first, then concludes there should be more difference and multi-understanding in the definition of family. About the violence, traditionally people understand it literally more often. But we cannot do like this any longer in today's life. We should enlarge the sphere of violence and pay attention to the victim not only physically but also mentally.Part2 : substantial analysis of civil protection order. In this part, the author abstracts the common characteristics of civil protection order by comparing the legislation and definition of civil protection order of other countries'. As we know, civil protection order can only be affective under the condition that the scope of relief be wide and be able to meet the needs of modem society. After a general analysis of the practice of civil protection order in Taiwan province and American, the author gives some suggestions on how to establish China's civil protection order system in the end of this part.Part 3: analyzing of operating of civil protection order. The operating of civil protection is a logical institution. In this part, the author analyzes the application, authorization, enforcement and the aftermath of offending of the civil protection order roundly. In the end, taking the related stipulations of Civil Procedural Law of China into consideration, the author presents some views on how to improve the operating institution in China.Part IV: Some views on adopting the institution of civil protection order. The creation of a kind of legal institution is a reflection of one country's politics, economy and literature. It has a very strong relationship with the society during its production, existence, operating and influence. For the reason mentioned above, we should pay attention to the feasibility and the necessity of civil protection order at the same time. Take the defects of civil protection into consideration while focusing on its advantages, and give countermeasures at the same time. In order to understand the thesis smoothly and exactly, it's rather important to point out that we should utilize macroscopic thinking method when reading itFinally, it should be pointed that there must be some defects and even faults because limitation of time and the author's ability. So, any suggestions and criticisms from anyone will be welcome.