Research On The Writ Of Habeas Corpus System In China

Family violence is a severe issue that damages the harmony of a family and the society. In a way, the increasing amount of family violence cases accelerates the legislation of anti-family violence law in China. In 2012, the legislation of anti-family violence law was incorporated into the legislation working plan of Naional People's Congress. On 27 December 2015, Anti-Family Violence Law of People's Republic of China was passed by the 18th Meeting of the 12th Standing Committee of the National People's Congress and implemented on 1 March 2016.The implementation of it further improves the socialist legal system of China and poses as an important legislative measure to offer support for the protection of human rights as well as the construction of a harmonious society. Meanwhile, life, health and legitimate rights of family violence victims can be better protected and the amount of such cases can be effectively reduced. In the fourth chapter of this law, the writ of habeas corpus system is introduced. However, some of the regulations are not sufficiently stipulated.The purpose of this paper is to specify legal regulations of the writ of habeas corpus system in China and detect existing problems in judicial practices. Based on that,suggestions on the improvement of our writ of habeas corpus system are given in consideration of writ of habeas corpus systems in foreign countries and experts'opinions towards this system. Altogether this paper consists of four parts with about 20000 words in total.The first part summaries basic theories of the writ of habeas corpus system in China,including its concept, nature and significance.The second part reviews writ of habeas corpus systems in foreign countries. By examining writ of habeas corpus systems in developed countries, this paper illustrates their procedure from relevant legislation regulations to relevant judicial practices,providing our writ of habeas corpus system with referential experience.The third part comments on current status of our writ of habeas corpus system. The analysis on legislative and judicial practices of our writ of habeas corpus system leads to existing problems, such as deficiencies in certification standards, ambiguity in stipulations for responsibilities of executive agencies, weakness in the operability of legal liability for actions violating the writ of habeas corpus, etc.The fourth part puts forward some suggestions on the improvement of our writ of habeas corpus system to address above problems. Firstly, the publicity of the writ of habeas corpus system should be intensified to improve anti-family violence awareness.Secondly, specific certification standards should be established to construct a hearing system for the writ of habeas corpus. Thirdly, responsibilities of all relevant departments should be clarified to form an effective rescue and supervision mechanism. Lastly, penalty measures for perpetrators who violate the writ of habeas corpus should be clearly defined.