Study On The System Of Personal Safety Protection Order In Anti-domestic Violence Law

Violence is unacceptable in any civilized society,and domestic violence is no exception.Domestic violence not only destroys a harmonious and happy family,but also undermines a stable social order.In recent years,vicious incidents caused by domestic violence have aroused extensive discussion and attention from all sectors of society,The promulgation of the anti-domestic violence law is of milestone significance for the prevention and treatment of violence in China,reflecting the zero-tolerance attitude towards domestic violence of the whole society.The entry into the system of personal safety protection order also enables public power to intervene in domestic violence,and provides a strong legal guarantee for victims through prior intervention.However,the personal safety protection order has not been implemented in China for a long time,and the system still faces many difficulties in judicial practice,different courts will have different ways of dealing with the same situation,and it is difficult to give full play to the judicial effectiveness of the system.This paper studies the relevant theoretical knowledge of the system of personal safety protection order,and collects and collates the case data in the implementation process of the system,through the analysis and summary of case data,in order to explain the system faces dilemmas in operation,such as the scope of application is relatively narrow,the type of protection order is imperfect,protection measures are not comprehensive,lack of penalties,proceedings is not sound,the period of reconsideration is not unified,implementation is relatively weak,the rules of evidence are not clear.In view of the shortcomings of personal safety protection order,this paper puts forward the corresponding solution and improvement path.For example,in the entity contents,the scope of application of protection orders should be appropriately expanded,the types of protection orders should be subdivided,the protection measures for protection orders should be increased,and the disciplinary measures for violation of protection orders should be improved;In the procedural norms,it is necessary to improve the trial procedures of protection order cases,to clarify the relief procedures for the protection order and to construct the mechanism of diversified execution subjects;The evidence system of protection order cases is optimized from three aspects: the scope of evidence admissibility,the burden of proof and the standard of proof.