On The System Of Personal Safety Protection Order In China

Anti domestic violence law has been in force for more than 1 year since 2016,and it includes mandatory reporting system,warning system,emergency shelter system and personal safety protection order system.The personal safety protection order system which is the most attractive can stop domestic violence and protect citizens against a cult domestic violence.But with the further legal application of the personal safety protection order system,the problems of personal safety order system has become a universal phenomenon gradually and deficiencies of personal safety protection order system in China begin to be exposed.This article will analyze the basic theory from the beginning of introduction to the cases of personal safety protection order system,discuss the problems and reasons of the application of personal safety protection order system and put forward relevant legislation suggestions on the personal safety protection order system in China based on the reference to the legislation experiences of civil protection in China's Taiwan.This paper includes five parts:The first part introduces the issues which will be discussed.This section will reveal controversial problems of the personal safety protection order system in the judicial practice through the specific case on personal safety protection order and put forward a suggestion that it is essential for us to make a further research on related legislation on the personal safety protection order system in China.The second part analyzes the related theoretical research on the system of personal safety protection order system.The research mainly includes the concept,character,purposes and evolution of personal safety protection order system in China.The third part discusses current problems and reasons in the legal application of personal safety protection order system in the mainland of China.Public awareness of the protection of personal safety system is less,the proportion of personal safety protection order issued is so few,the proportion of minors who suffer from domestic violence and file for a personal safety order is lower,the proportion of institutions and person that help the victim of domestic violence applying a personal safety order is so little,the operability of the law related to issue a personal safety protection is poor and the implementation of personal safety protection order is more difficult.For reasons,tradition and custom leads to the low proportion of applicationfor personal safety protection order,the corresponding relief measure of personal safety protection is inadequate,provision of minors who file for a personal safety order is luck of pertinence,requirement about institutions and person that help the victim of domestic violence applying a personal safety order is strict,rule for enforcement organization of personal safety order which is unreasonable increases the difficulty of implementation.The fourth part is about legislation of personal safety protection order system and evaluations on the legislative concerned in China's Taiwan.The article introduces the civil order system and its rules in China's Taiwan,in the hope we can reference the legislative experiences to prompt the reform of personal safety protection order system.The fifth part puts forward legislation suggestion of the personal safety protection order system,which includes setting up the office for the prevention and control of domestic violence,detailing the corresponding relief measure of personal safety protection order,expanding the situations to institutions and person that help the victim of domestic violence applying a personal safety order,confirming logically enforcement organization of personal safety order and enhancing the operability of the relevant legal system of habeas corpus.