The Study Of Personal Safety Protection Order System In The "Anti-Domestic Violence Law"

Domestic violence,as obstinate ills of the world,has been fought for many years on a global scale.It was not until recent years that China,shackled by the backward feudal ideology that "domestic violence is family trouble",suddenly awoke to fight against it.In 2016,the "Anti-domestic Violence Law" was issued,symbolizing that the prevention of domestic violence entered into a new stage.In the "Anti-Domestic Violence Law",the establishment of personal security protective order will be an effective means to deal with domestic violence in China.However,as an emerging product in our country,the corresponding legislation seems too simple and crude.There still exist many aspects in which personal security protective order cannot play an effective role;therefore,in terms of protecting the rights and interests of victims,there is a huge room for improvement.The author believes that loopholes exist in the scope of applicants,the allocation of burden of proof,and service and implementation of the order.Furthermore,the absence of urgent safety protective order,punishments,and treatments will lead to the imperfection of personal safety protective order,making it a flash in the pan.It will be our primary work in the future as regards to the revision of the "Anti-domestic Violence Law",to constantly perfect personal safety protective order so that it is able to better protect victims of domestic violence.Foreign countries have explored personal safety protective order for years,and formed operative modes of their unique characteristics.This article will draw on the experience of foreign legislation,and combine it with the pilot effect of China's personal safety protective verdicts in the past,and the implementing effect of the personal safety protective order in the present for analysis and research.On the basis of the above,the author boldly puts forward ten suggestions for modifying the order,including ascertaining applicants' qualifications,setting up urgent safety protective order,establishing convenient pathways for the order,perfecting the execution of the order,specifying proof requirements and burden of proof,strengthening disciplinary measures,establishing multiple linkage mechanism,refining the implementation of the content,constructing special implementation and service of process for the order,as well as improving publicity,in an attempt to build an integrated system of personal safety protective order,and to indicate the future direction of development for a refined order.