On The Protect Orders In Protection Against Family Violence

China has about three hundred million families,of which about twenty-five percent of the domestic violence in family,because of family violence and disintegration of nearly every year hundreds of thousands.Tens of thousands of victims of domestic violence lives with hot water,a scientific and effective they urgently need to state law,as a solid backing to protect their legal rights and interests,thus the new law came into being.China's first special laws for the purpose of preventing against domestic violence-the anti-family violence law of the People's Republic of China on December 27,2015,voted,and in March 1,2016 formally implemented.This method,to break the traditional ideas of "law does not enter the house",make the since the ancient times official to break housework has become a national law.The anti-family violence law although only 38 law,but the content is very rich,and blended in some western countries advanced system,is of epoch-making significance.The biggest bright spot in the law,personal safety protection order system,and received extensive attention of the whole society,but also for the law to enter the house,the public power intervention in the private sector has provided a legal basis,more domestic abuse victims to effectively protect the personal rights and provide legal guarantee.In this paper,a total of five parts,the author through the introduction of the main provisions of safety protection system and characteristics of in-depth study the value of safety protection system,and through the law enacted nearly a year of judicial practice and some real cases,and outside the country or region on the comparison of personal safety protection,explore the implementation of this system has some problems,and puts forward some perfect idea,domestic abuse victims want to be able to better protect the rights and interests of.The first part mainly introduces the concept and characteristics of safety protection,and protection of historical origin and development course.Safety protection as a kind of temporary protection measures,in order to adapt to the characteristics of family violence,it has preventive,passivity,mandatory and quick-reaction capability.Before the new law is promulgated,the system of the orders in our country is not perfect enough,so in the first part of this article,on the legislative background of personal safety protection has made the detailed introduction,and analyzes the urgency and necessity of the legislation.The second part mainly introduces the main provisions of the personal safety protection order system and content,as well as the rules contained system value.Anti-family violence law set a special section in the system of personal safety protection order,mainly from the application subject,the application condition,the jurisdiction of the court,protection measures,validity,to perform and to make a provision legal liability,etc,has the prevention of violence,deter violence,in a timely manner to protect the victim rights and interests,and other functions.The third part mainly analyzes the anti-family violence law around one year since the judicial practice,summed up the personal safety protection in some of the problems existing in the implementation process.Since the new law,although certain achievements have been made,much domestic abuse victims,protect the but there are still some shortcomings and difficulties cannot be ignored.Protection measures is relatively single,for example,the victim of difficulties,such as lack of regulations on protection of minors,especially by the court as the execution of the executing organ is serious difficulties,the execution of any effect,have to ponder.The fourth part through the scope of regulations on the system of safety protection system,according to its implementation effect,analysis the advantages and disadvantages,effective measures selected in accordance with China's national conditions,and to have a choice,a targeted learning and using for reference.Road of the legislation of all the difficulties,we need to consult modestly,useful experience in the process of foreign home violence prevention,into measures suitable to China's national conditions,only in this way can we constantly improve our country's legal system,beneficial to the society.The fifth part,also is the last part of the article,are discussed as a whole the author to improve our personal safety protection order system put forward some proposals,and according to China's national conditions,the perfection of some of the more feasible measures are put forward.Family violence is a very common social problems,prevention and treatment of domestic violence is a long way to go,is a long-term and complicated process,will not happen overnight.Need not only the continuous improvement of the legal system,more needs the joint efforts of the society from all walks of life and works in harmony,only in this way can fundamentally solve the conflict in the family,put an end to violence,to maintain family harmony and stable social order.Legislation through hardships on the road,the road a long way to go.A long way to go in the rule of law;I will search up and down.Can only family stability,social stability and harmonious,the role of anti-family violence law is to be reckoned with,and therefore requires the joint efforts of the whole society,each of us has the responsibility,to perfect our country's legal system contribute an own strength.