Difficulties In The Implementation Of Personal Safety Protection Order And Its Solution Mechanism

Whether in ancient times,modern times,at home or abroad,the problem of domestic violence has been solved relatively well.With the rapid development of economy,the voice of women resisting domestic violence is rising as they realize their independence and improve their social status.Our country through the legislation to prevent and control domestic violence started late,but the international is from 1970.In order for judges to refer to the uniform law when hearing cases of domestic violence,the Supreme Court issued in March 2008 a guide to hearing cases of marriage involving domestic violence,creative provisions of the new civil compulsory measures that personal security protection ruling.However,the guide has no legal effect and can not be directly cited in the judgment documents,which limits the judicial practice.The legality of the writ of Habeas Corpus was formally established on March 2016 after the implementation of the law against domestic violence.The law is a social law with the functions of prevention,relief,education and correction.The enactment of the law against domestic violence opens up a new situation of intervention by public authorities in domestic violence and makes up for the long-standing deficiencies in our country's legal regulation.The effectiveness of the writ of Habeas Corpus is closely related to the success or failure of the domestic violence act.In the four-year period,the academic circles have found that there are still a lot of difficulties to be solved and improved in practice.This article consists of five parts,we should use the methods of literature review,Comparative Analysis and Cross-disciplinary Research to point out the difficulties in the implementation of personal security order in China from theory to practice,from inside to outside,and put forward some corresponding suggestions.In the first chapter,introduction.This chapter systematically expounds the background and significance of the research on the personal security protection order in China and the current research situation in Taiwan area of China in the evening,for the next part of my country into the security protection order system for reference.The second chapter is about the status of the execution of the order of protection of personal security and the key points in the execution.In this chapter,the author summarizes 2905 judgment documents collected on the Internet in China,and points out that the current situation in China,the current situation of the implementation and issue of the writ of Habeas Corpus in the whole country and the existing problems in the following aspects are found through the research:the conditions of applying for a clean bill of rights,the right to relief,the distribution of the burden of proof,the enforcement system,the punitive power after violating the writ and the follow-up supervision.Three chapters on extraterritorial legislation and practice of protection order of personal security.In this chapter,the author makes a detailed study on the system of writ of Habeas Corpus in China,Britain,Japan,Germany and Taiwan.Through the relevant information on these countries or areas and after the double analysis of the theory and practice,the author concludes the application,the types of personal security order and the relief measures,which will play a reference role in improving the personal security order in China.The fourth chapter is the countermeasures to solve the predicament of the execution of the writ of Habeas Corpus.In this chapter,the author puts forward some suggestions on the difficulties in the implementation of the writ of Habeas Corpus in China.China should regulate the application conditions of the system,enrich the contents of the system,implement special protection for minors,assign the burden of proof,establish clear rules of evidence,perfect the punishment mechanism of violating the system,construct the supervision system and so on.