| Domestic violence has always existed.The reason is that the perpetrators have weak lega l consciousness,and the victims bear the mentality of "home ugliness cannot be advertised." I n the family,this malformed love and being loved,and the wrong family concept make the fa mily Violence continues,and domestic violence generates many social problems.Domestic vi olence challenges people’s moral and legal bottom lines,and family turbulence affects the stab ility and development of society.In order to more effectively stop domestic violence,safeguar d human rights,and clean up the social atmosphere,the "People’s Republic of China Anti-do mestic Violence Law",which has been brewing for many years in 2016,was officially introdu ced.The provisions of the personal safety protection order system are the biggest highlights.Domestic violence has played an important role in protecting the victims’ personal rights,but only ten legal provisions,which are superficial and principled,have brought a lot of trouble to judicial practice.The purpose of this article is to discover the shortcomings of the personal safety protecti on order system in China in order to find out the inadequacy of the personal safety protection order system in our country,and to draw on the relevant provisions of the civil protection orde r system of the countries outside the region,and put forward a target Sexual advice,really giv e play to the superiority of the system.The first part focuses on the research background,purp ose and significance,as well as domestic and foreign research.The second part elaborated on the meaning,origin and development history of the personal safety protection order in China,and pointed out that the "Anti-domestic Violence Law" stipulates that the personal safety prot ection order system is correct and necessary,which is of great significance to the development of China.The third part analyzes the current status of the legislation and implementation of p ersonal safety protection orders,and points out the problems of the personal safety protection order system.Narrow,weak on behalf of applicants,lack of special evidence rules,unclear du ties of executive departments,and weak legal responsibilities.The fourth part introduces the m ore prominent provisions of civil protection orders in the United States,Britain and Japan,and reviews and analyzes the civil protection order systems of the three countries,aiming to provi de a reference for the improvement of China’s personal protection orders.The fifth part puts f orward suggestions on the improvement of China’s personal safety protection order system,improves and refines the relevant provisions of the personal safety protection order,such as ex panding the scope of application and the scope of applicants,increasing the measures of perso nal safety protection order,improving On behalf of the applicant’s participation,add temporar y protection orders,construct special evidence rules for personal safety protection orders,clari fy the responsibilities of various departments,and improve the legal punishment system for pe rsonal safety protection orders.Finally,the author summarizes the full text.The vitality of the l aw lies in its implementation.Only when the personal safety protection order system is put int o practice can it exert its maximum effect,and it can meet the original intention of the legislat ion,realize the purpose of caring for vulnerable groups and protecting human rights. |
