Recognition And Enforcement Of Foreign Protection Orders

In order to protect victims,especially those of domestic violence,a number of countries have established the civil protection order system in their domestic laws.When the victim(and/or abuser)moves across the border,it is necessary to establish a special system for mutual recognition and enforcement in a broader way to ensure such protection can be extended to other jurisdictions and improve the protection level for victims.Chapter ? gives a comprehensive and basic introduction to civil protection order.Starting from the concept of civil protection order,through analyzing its features,nature and development,comparing it with preservative measures and some other systems,it is defined in this thesis as an independent legal system.In addition,from the perspective of recognition and enforcement,by differentiating it with the recognition and enforcement of interim measures and general civil and commercial judgments,it points out the specific requirements for recognition and enforcement of foreign civil protection order.Chapter ? discusses the necessity and status quo of recognition and enforcement of civil protection order.Firstly,the value thereof is promoted by theories of “right to free movement ” and “priority of personal protection”.This part then analyzes the necessity of such establishment from HCCH and European ' s perspective,respectively.Also,it briefly introduces some existing legislative practices of some countries or regions.Chapter ? mainly explores the conditions and models of the recognition and enforcement system of foreign civil protection order.Based on legislative practices from different countries or regions,especially EU's mutual recognition of protection measures in civil matters,the conditionsof recognizing and enforcing are rendered,including jurisdiction,applicable law,refusal and etc.,to provide reference for establishing or further improving such system.Chapter ? elaborates the system establishment in China.This part renders the“personal safety protection order”prescribed in Anti Domestic Violence Act,which was recently published.Considering that both the Act and bilateral cooperation agreements between China and other countries did not take the recognition and enforcement of civil protection orders into account,the thesis proposes some possible paths to realize mutual and effective recognition and enforcement of foreign civil protection order.The main research methodologies used in this thesis include: 1.Normative analysis.This methodology centers on analyzing current legislation at home and abroad,determining whether the existing legislation can solve the problem of recognition and enforcement of foreign civil protection orders,discovering the defects and deficiencies in legislation,and accordingly putting forward the solution to the completion of 2.Comparative study.This methodology centers on comparing legislative and practical status of various jurisdictions and proposing the direction and solution to future development.