A Study On The Improvement Of Personal Safety Protection Order In Anti-Domestic Violence Law

Domestic violence not only destroys family stability and social harmony,but also may induce crimes under certain circumstances,which has extremely serious social harmfulness.The establishment of personal safety protection order in the Anti-Domestic Violence Law of the People’s Republic of China(hereinafter referred to as the Anti-Domestic Violence Law)is the inevitable result of preventing and curbing domestic violence,which reflects the determination of the state to resist domestic violence from the legal level and more effectively safeguards the legitimate rights of victims.Due to the short time for the introduction of the personal safety protection order system in China,the existing legislation has only made provisions in principle in many aspects,and fails to mention detailed problems that may arise in the application of personal safety protection order.From the actual operation,there is still a certain gap between the goal of preventing and punishing domestic violence.In this article,starting with literature research and case analysis,through in-depth analysis of existing legislation and judicial practice,and try to put forward corresponding suggestions for improvement.This article is divided into three parts.First of all,I want to summarize the basic theory of personal safety protection order: analyze the development process at home and abroad,as well as the legislative practice,its definition and practical significance of the system in China,and make a basic understanding of the system.Secondly,according to the analysis of the selected samples in China Judgements Online,to understand the current status of the personal safety protection order in China.By collecting and collating relevant literature and analyzing the sample data,we can conclude that the current system of personal safety protection order has the following deficiencies: unclear evidence system,single rescue measures,defects in the establishment of executive body,and the legal liability for violation of this order is relatively light.In order to solve the specific problems listed in the previous article,on the basis of full reference to the practical experience of other countries and regions,combined with China’s basic national conditions and legal system,it is proposed to improve the evidence system of domestic violence,construct a diversified rescue method,clearly define the duties of the executive body,and punish with criminal penalties for violation of personal safety protection order.