Study On The Habeas Corpus System In The Anti-domestic Violence Law

Domestic violence is a long-standing social problem.Its existence will not only damage the legitimate rights and interests of the victims,but also threaten the harmony and stability of the family.It is a social dissonance factor.In severe cases,it may even lead to the occurrence of criminal acts,which must be taken seriously by the entire society.By studying the advanced experience of other countries in the prevention and governance of domestic violence,and in combination with China's own situation,it can be said that a writ of habeas corpus is an effective method.In China,legislation against domestic violence is still in its infancy.For a long time in the past,China only had a personal protection ruling and behavior preservation system,but no real habeas corpus system.It was not until the "People's Republic of China Anti-domestic Violence Law" came into effect that the habeas corpus system was really established in our country,which is of great significance to the anti-domestic violence work.However,in this law,the provisions on the habeas corpus system are not specific enough.They are principled,and many details are not covered.Therefore,analyzing the problems existing in China's habeas corpus system and perfecting it has important theoretical and practical value to China's anti-domestic violence work.This article first expounds the basic theory of the habeas corpus system,then describes the current status of the habeas corpus system in China,and analyzes the problems existing in the habeas corpus system.Finally,it puts forward five specific measures to improve the system.The first part expounds the basic theory of the habeas corpus system.First,this part elaborates the concept and development of the habeas corpus system.Secondly,it describes the development and characteristics of the habeas corpus system in China.Finally,the habeas corpus systems in other countries and regions are introduced.The second part describes the current status of the habeas corpus system in China.This part counts and analyzes the 423 documents on the writ of habeas corpus published on the Chinese referee documents online.The operation status of the habeas corpus system is described from the following five aspects: the legal basis of the ruling,the applicant's geographical distribution and gender ratio,the grounds for the application,the trial results and the grounds for the judgment,the protection measures and the time limit.The third part analyzes the problems in China's habeas corpus system.It is found that the system has the following problems: insufficient legal basis,low application rate,difficult to adduce and certificate evidence,difficult to enforce,and weak penalties for violation of the writ.The fourth part proposes measures to improve the habeas corpus system.In response to the above five issues,it proposes solutions: refine the existing legal regulations,strengthen law popularization,determine certification methods and certification standards of domestic violence,strengthen enforcement,and increase penalties for violations of the writ.