Research On The Perfection Of Personal Safety Protection Order System

Domestic violence is a widespread problem in the world,which seriously affects family stability and social harmony.After more than 20 years of exploration and attempts,the Anti-Domestic Violence Law of the People’s Republic of China(hereinafter referred to as"Anti-Domestic Violence Law")was officially implemented on March 1,2016,which is a milestone in the history of anti-domestic violence in China,the most striking of which is the personal safety protection order system included as a special chapter.The implementation of the personal safety protection order system effectively protects the legitimate rights and interests of victims of domestic violence,which has changed from being attached to the civil procedure to being an independent special procedure.The advance relief mode of personal safety protection order system has effectively curbed the growth of domestic violence.However,the personal safety protection order system is still a new thing in China,and its legislation is relatively immature,so its role in the process of anti-domestic violence still has much room for improvement.The implementation of personal safety protection order system needs to be perfected in theory and practice.This paper includes the following four parts.The first part introduces the research background and significance of personal safety protection order system,and expounds the research status of personal safety protection order system at home and abroad.The research methods adopted in this paper are empirical research,normative analysis and comparative analysis.The second part introduces the origin and development of the personal safety protection order system,the establishment of the personal safety protection order system in China and the main contents of the personal safety protection order system in China.In the third part,we analyze the big data of national personal safety protection orders,and find that there is a regional imbalance in the number of applications for personal safety protection orders.Then,taking 587 personal safety protection orders in Jiangsu Province as samples,we analyze the judgment results and types of evidence,and find that the system has problems such as low issuance rate,insufficient diversification of protection subjects,single list of domestic violence,low standard of proof and unfair distribution of burden of proof.On the other hand,from specific cases and literature research,it is found that there are some problems in the practice of this system,such as unclear division of responsibilities of executive organs,lack of supervision mechanism and too low punishment.Finally,aiming at the existing problems,learn from the mature experience of the United States and Taiwan Province,and improve the current personal safety protection order system from three aspects:legislation,evidence and implementation.First of all,in perfecting legislation,we should strengthen legislation,clarify the object of protection,expand the scope of family members,expand the scope of identification of domestic violence,and increase property protection measures to improve the deficiencies in legislation;In the aspect of evidence,we should lower the standard of proof,establish the evaluation mechanism before issuing personal safety protection orders and implement the social investigation report system;in the aspect of implementation,we should establish the implementation mechanism of multi-department linkage responsible for protection orders,establish the supervision mechanism of grass-roots organizations responsible for protection orders,blacklist the applicants,and implement the offender treatment plan.Only when any system is constantly revised and improved in practice,can it play a better role.This paper studies and discusses the problems existing in the personal safety protection order system,and puts forward some suggestions to solve the related problems,in order to contribute to the perfection of the personal safety protection order system.