Research On The Application And Improvement Of The Personal Safety Protection Order System In My Country

At the end of 2019,“Yuya was subjected to domestic violence”,“Peking University girl was tortured by PUA to commit suicide” and other incidents were discussed widely on the Internet,the topic of anti-domestic violence once again aroused intense public discussion.In addition to blowing illegal and criminal acts linked with domestic violence,our country also established personal safety protection order system in line with international standards as a kind of public security tool,which is a special intervention mechanism to stop the infringement before severer violence risk happens.The main purpose is to provide the applicants with support and protection of public power.Personal safety protection system has been executed for more than three years in our country,but it has not been fully applied.By the end of October 2019,a total of about 2500 pieces of application data were collected.It can be concluded that population is not an absolute factor affecting the number of applications,while the level of regional development is positively correlated with the number of applications to some extent.At present,“hot violence” between husband and wife still accounts for the majority of the reasons for protection order application,while the close relationship between parents and children and other family members or intimate relationship are less involved.According to the statistics of rejection results of applications,it is roughly concluded that the rejection rate of protection order is around 23%,and the reasons for rejection can be divided into kinds like subject qualification problem,behavior identification problem,evidence and proof problem and so on.Through collating cases and news,it can be found that the practice of personal safety protection has a series of problems.Firstly,the application is always limited in family members,which has neglected the applicable objects in nature should have close relationship,so the applicable scope of the main body is narrow.Secondly,behaviors which can be identified by court as domestic violence are few.Most are judged only by whether if there were any bruises from beating,ignoring the other threats such as mind control and other atypical violence.Thirdly,the condition of facing a real risk of domestic violence has not been really applied either.In practice,it is easy to fall into a results-oriented review mode.Fourthly,there is a lack of flexible conversion of evidence and certification rules in applying for protection orders,and there is no different standard of proof for emergency and ordinary protection orders.In addition,the protection order measures adopted in practice are relatively simple,and there are many irregularities in the implementation process.Finally,the penalty for violating the protection order is relatively light,and there is no corresponding penalty clause in the criminal law.With the consideration of these problems,this paper gives some immature suggestions on the improvement of personal safety protection orders,taking into account the needs of victims in reality and the public's cognition of domestic violence.In terms of legal norms,it is suggested that the protection order system be further regulated and improved in the family litigation system to better meet the real needs of the parties.The relationship between applicant and respondent of the protection order is close relationship,and the scope of application is extended and judged on this.The nature of domestic violence should be characterized by inequality and control,and different situations should be added.In addition to the actual violence that has occurred,the application should be truly accessed to the situation of facing real danger,and the judgement standard of the danger should not be determined by injury consequence.This paper also gives some suggestions on how to distribute the burden of proof and the inner conviction in specific circumstances,and encourages judicial practice to combine the “sentiment” with the law.Specific protection orders should be issued according to the different circumstances of the applicants.In the process of execution and punishment,different subjects are supposed to strengthen cooperation.