| On March 1,2016,the Anti-Domestic Violence Law of the People’s Republic of China(hereinafter referred to as the “Anti-Domestic Violence Law”)was officially implemented,and personal safety protection orders were officially written into the law.The personal safety protection order is an effective means of protection and relief for the victim in a domestic violence case.The establishment of this system provides an effective preventive measure for protecting victims of domestic violence from further infringement.It also establishes a legal basis for the court to intervene in domestic violence and protect the legal rights of victims.In practice,due to the backwardness of traditional concepts and the imperfection of laws and regulations,the operational security of personal security protection orders is not strong,and applications are frequently “cold”,and the status quo of judicial application is worrying.There are many problems in the judicial application of the personal security protection order in China.For example,the lack of judicial application mainly lies in the fact that the content is single,the types are small,the scope of application is not defined,the scope of the application subject is limited,and the period is short.The application of the evidence is not clear.The current rules of evidence are not conducive to the protection of applicants,nor the rights and responsibilities of the enforcement agencies.The penalties for violations of the protection orders are imperfect,resulting in a single rescue package for personal safety protection orders.The existence of the issue of the application of personal safety protection order cannot be simply attributed to the people’s court,which is a combination of various factors.Therefore,the system should be improved,and the system of personal safety protection order should be refined at the legal level.The scope of the applicant,the applicable object,the type of protection order should be increased,and the protection period of the protection order should be extended.The evidence system should be improved to facilitate the evidence.Preservation;clearly define the division of labor rights and duties,ensure the effectiveness of implementation;improve the responsibility for violation of protection orders;strengthening the links between other independent legal systems and personal safety protection orders;strengthening measures related to personal safety protection orders.Through the improvement of the above measures,we will explore more fully the personal safety protection system.and solve the problem of judicial application of personal safety protection in multiple dimensions.It is expected that with the continuous advancement of the rule of law in China,the system of personal safety protection can effectively play a role in judicial practice,prevent and reduce domestic violence,continuously purify the social environment,and bring about social development and progress through family harmony and stability. |
