| The purpose of the civil protection order is protecting human rights,The prob]em of domestic violence has already violated the human rights of women and other people in vulnerable positions in the family.Civil protection orders may be the most popular and most commonly used legal tool to combat domestic violence from this era.The legislative purpose of the civil protection order is also reflected in its operability.In the field of criminal law,the US Law VAWA has established corresponding federal crime regulations for domestic violence and follow-up,and also provides civil remedies.In the field of civil law,China’s "Anti-Domestic Violence Law" stipulates a system of personal safety protection orders,which has the characteristics of prior,preventive and personal safety protection.Civil protection orders have various remedies.Classification from relief content can be divided into departure orders,removal orders,guardianship orders,visit orders and compulsory psychological counseling orders.The urgency and application procedures can be divided into general protection orders,temporary protection orders,and emeigency protection orders.The civil protection order meets the legislative needs in terms of legal practice.It provides a variety of choices for the prevention and control of domestic violence,and changes the treatment measures of the past "punishment afterwards",and is fully prepared for ex ante defense.The personal safety protection order stipulated in the Anti-Domestic Violence Law is in good condition in China and has been actively responded by courts across the countiy.However,there are also obvious differenees in the applieation of protection order regionalization,insufficient remedies,and unclear application procedures and execution procedures.The applicable personal security protection order in China is mainly for people living together outside the family members and family members.In the United States,whether a victim is eligible for a civil protection order will depend on his or her relationship with the perpetrator.As the main infringement object of domestic violence,the victim is the main subject of civil protection order,and there must be no doubt about this.Whether it is the United States or our country,even in other countries with a civil protection order system,the victim is defined as the subject of the application.The victim is an adult and has full civil capacity,but because of intimidation,threats or restrictions on personal freedom,or if the victim is a minor,a person with limited capacity for civil conduct and a person without civil capacity,the family member can apply on behalf of the victim.The main executive bodies of civil protection orders include courts,police departments and social supervision agencies.In China,the personal safety protection order is implemented by the court as the main executive body,police departments,village(residential)committees and other social organizations.In the United States,the courts play a role in remedying loopholes when the police enforce civil protection orders.Its main duties are to apprehend the perpetrators,establish procedures for modifying civil protection orders,and make judgments.The duties of the law enforcement police are to arrest the offender,provide information to the victim,protect the victim and provide civil protection orders.The duty of the supervisory agency is mainly to work with the police and the court to ensure that no new domestic violence will occur.The personal safety protection order of our countiy should clearly define the scope of non-family members living together in the legal regulation of the applicable subject,and also include non-family members of non-common life with intimate relationships into the applicable subject of the personal safety protection order,and enhance the Their protection.In order to protect the interests of victims in domestic violence incidents,the "Anti-Domestic Violence Law,should expand the scope of "close relatives" in the subject of application,clarify the status of women federations in the application of the subject,and expand the generation of minors.The scope of the application body.The responsibility of the executive body of the personal safety protection order should be clarified and detailed.The court shall undertake the obligation to review and issue protection orders and to educate the respondent.The police department shall be placed at the primary position of the executive body of the personal safety protection order.It shall also undertake the obligation to assist the court in delivering the personal safety protection order,inform the relevant information,and protect the victim.Social institutions should cooperate with judicial organs and administrative agencies to boycott domestic violence.Social institutions should strengthen supervision over whether the respondent has complied with the protection order,increase the propaganda of personal safety protection orders and add an anti-domestic violence office. |
