The Research Of Non-molestation Orders

The implementation of the Anti-Domestic Violence Law of the People's Republic of China since March 1,2016,Better law enforcement effect has been achieved.The law clearly stipulates the system of personal safety protection order and its related implementation procedures.Specific provisions have been made on the applicants,application methods,application conditions,implementation measures,implementation period,review system,service and other relevant aspects of the order for personal safety protection.There is no doubt about the advancement of this law.It not only draws lessons from the system of habeas corpus initiated by the United States,but also formulates a system with its own characteristics according to its national conditions.However,in the actual application process of the law has also produced a lot of implementation problems,such as difficult to prove,difficult to implement,for the identification of domestic violence,how to integrate with the criminal law and so on,is not conducive to the protection of the legitimate rights and interests of the parties.In the process of implementing the Anti-Domestic Violence Law,the courts of all localities have also made corresponding rulings according to their own reality.However,the rulings often only express the legislative content,but there is no detailed content."Prohibition of harassment" is often expressed in the content of a personal security order.This paper intends to attempt to start with the concept,characteristics and implementation effect of the system of prohibition of harassment order.Combining with the current situation and problems of the implementation of the law,this paper makes a comparative study of the relevant legal systems outside China,and puts forward some pertinent measures and suggestions to promote the legislation and practice of the anti-domestic violence law in China,so as to better alleviate social contradictions.Protect the legitimate rights and interests of the parties,expect to produce good legal effect,social effect and political effect.