Research On Personal Security Protection Order System For Preventing Domestic Violence In China

In recent years,domestic violence has become one of the important factors that endanger the personal safety of social disadvantaged groups,destroy the stable and harmonious marriage and family relations and threaten the public order.The existing legal measures to prevent and control domestic violence are severely punished after the event,and the civil or criminal responsibility of the perpetrators to the family violence is carried out.The victims of force carry out legal protection,but the victims can not escape the injury of domestic violence in time,which shows that the relief often can not effectively interfere with the occurrence of domestic violence and protect the rights and interests of the victims.In order to better carry out the prevention and control of domestic violence,the personal safety protection order before intervention arises at the historic moment.As the judicial intervention model of anti domestic violence,the feasibility and effectiveness of personal safety protection has been confirmed by judicial practice in various countries,and to a certain extent,it protects the personal rights and interests of victims of domestic violence from infringement.The protection of personal safety is a court to protect the personal safety of victims of domestic violence,their children and specific relatives.The application of a party who has been or is being subjected to domestic violence is issued by the court and is issued by the court to prevent the applicant from contacting the applicant in a certain period of time or prohibiting the applicant to do it.A ruling of certain specific actions.This paper analyzes a large number of cases from the perspective of empirical analysis.Through consulting a large number of referee documents and the investigation data of various courts,this paper makes a professional analysis of the judicial application of the personal safety protection order in practice,and finds that the personal safety protection adjudication is in the application,issue,proof and execution.There are many blurred places in the law,especially in our law,the executive organ of the people’s court is the executive organ of the personal safety protection order,which leads to the lack of enforcement force inthe execution process,which affects the implementation effect of the personal safety protection order in the judicial practice.With regard to the defects and shortcomings of the above-mentioned existence,the legislative level puts forward the judicial interpretation that is set up with it,and consummates the loopholes in the legislation of our country by drawing on the relevant legal experience of foreign countries;the judicial level promotes the smooth implementation of the witness safety protection order by improving the legal application ability of the judicial personnel and strengthening the operability of the enforcement.Other supporting mechanisms,through strengthening propaganda and social solidarity and cooperation,form the whole society’s attention to the situation of personal safety protection order.