Research On Civil Protection Orders

Domestic violence has become the most serious family problem since it’saffection of harmonious of family. Because of the appeal from the internationalcommunity, countries have started to pay attention and use the law to regulate thisserious issue. Practices prove that the institution of civil protection orders is the mosteffective and direct weapon in the prevention of domestic violence.In traditional patriarchal feudal ideas, Chinese domestic violence’s frequentlyoccurrence seriously affected the marital family life and social stability. Domesticviolence has always been in a legal and moral middle zone which is considered as"housekeeping", when the party suffered domestic violence, they cannot get legalremedies or the police because there is no evidence, filing nor other reasons so thatthey are difficult to protect. In March2008, after years of investigation and judicialpractice in matrimonial cases Chinese Supreme People’s Court Application of theLaw Institute issued "Marriage Cases Involving Domestic Violence Hearing Guide"and a special chapter states that the "Decision to Protect the Personal Safety." But,after all, it isn’t a law, the effectiveness is of low-level; the revised and implemented"People’s Republic of China Civil Procedure Law" in2013, added the new "behaviorpreservation" system, so that civil preservation system is more complete andreasonable, also better protection of the personal safety of ruling regime dependingon the true sense of the legal basis. February4,2015Civil Procedure judicialinterpretation came out, it refined the start of the implementation of propertypreservation, but for behavior preservation, especially the civil protection orderssystem it still does not specify anti-domestic violence relief system in practice, it’s astep forward, but long way to go.At present, the lack of a civil protection warrant system and a clear andspecific legislation that led to the court ‘s the personal safety ruling must be basedon reliable and sufficient evidence. Because of domestic violence refer to privacy,it’s impossible to collect sufficient evidence, and he/she may be beaten in the process of gathering evidence, our country doesn’t have emergency protection orders" systemlike the United States, and exist loopholes and gaps of judicial which needs tobe filled during legislation. In Britain, the behavior preservation is synonymouswith "ban system." Britain has "interlocutory injunction" system, the UnitedStates has "preliminary injunction""temporary restraining order". On the legalremedies of domestic violence, the United States is the best country in dealing withdomestic violence by judicial relief,its anti-domestic violence exemplary systemsaround the world. In1994the United States has created a civil protection ordersystem in "Domestic Violence demo Law", one of them is issued by the courtunder an emergency "emergency protection warrant ", the other is a "protectiveorders",which is usually the case,and designed the start condition,executionconditions and disciplinary measures.This passage refers to outside mature civil protection orders system, combineswith China’s national conditions and the legislative status,illustrates feelings andprevention of cases of domestic violence,could provide a reference value on the draftof the "Anti-Domestic Violence Act",comment to protect the safety of ourcountry elaborated imperfections ruling system of the Department in the draftingstage, hope in the future be able to provision of civil protection orders system in thetrue sense.The author is convinced that when the prevention of domestic violence laws areimproving and effectively implemented, domestic violence is bound to beeffectively curbed.