| With the development of society,the civilization of human being has been improved a lot,much more countries have show their zero tolerance attitude towards domestic violence.And there are increasing number of places are creating new laws and regulations to protect family numbers from domestic violence,such as,the USA,Japan,and Taiwan of the People's Republic of China(PRC).Although they are using different ways,still have one in common—the writ of habeas corpus,aims to help the victims and punish the abusers.With the continuous progress of the rule of law in our society,we passed the Anti-Domestic Violence Law of the People's Republic of China,on December 27 th,2015,which formally implemented on March 1st,2016.At the same time,the writ of habeas corpus has been established,which starts to bring gospel to the victims of domestic violence,so that they could no longer be swallowed up by applying for the writ of habeas corpus.However,everything has its disadvantages.Now I'd like to give some suggestions about this new system in China.Hopefully,it can help with the improvement.This papers makes an introduction of the historical development and the legislative value of the writ of habeas corpus at first,then introduces the specific regulations of habeas corpus in China,and finds out the exist defects,then puts forward some suggestions to perfect it which based on the foreign experiences.The body is divided into six parts,which including the background introduction,the value,the present details of implement in both inside and outside,the defects,the suggestions of improvement,and the summary at the end.As one of the separated chapters in the law,formally been implement in the whole country,we can say that,“It is a big step of the civilization to protect the victims”,and it is an innovation.As the increasing using frequency,we need to think about how to use it perfectly,and it will be a questing question in the near future. |
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