| The protection order system is a timely and effective protection system for victims in domestic violence cases.It overcomes the disadvantages of the traditional relief mode,and it is an important measure to safeguard the personal safety of victims.From the first time that the prohibition of domestic violence was stipulated at the highest legislative level in China’ s marriage law in 2001 to the addition of a special chapter to specify the personal safety protective order after the revision of the marriage law in 2016,the system of personal safety protective order has been paid more and more attention in legislation.The anti-domestic violence measures have been continuously improved,but still there are many problems in the actual operation.Starting from the protection order system in domestic violence cases,this thesis introduces the background of the protection order system,analyzes the respective protection order system design of Canada and China,in the view of the practical problems existing in the practice of personal safety protective order in China and absorbs the experience of Canada’s protection order system.This thesis is divided into five parts.The first part introduces the research background,research purpose and research methods;the second part introduces the protection order system and analyze the special role of protection order system in protecting the personal safety of victims in domestic violence cases;the third part introduces the design and practical operation of the Canadian protection order system;the fourth part analyzes the mode of personal safety protective order system,and points out some problems existing in its practical implementation;the fifth part,with the reference of Canadian protection order system,we can find out practical measures to contribute the implementation of the personal safety protective order system in the future.At present,the personal safety protective order is difficult to meet the actual needs,and the type of protection order is single.There is only one kind of protection order in China.Chinese personal safety protective order is civil protection order.Referring to Canada,emergency protection order,queen’s bench protection order and peace bond,there are not only civil protection orders but also criminal protection orders.It is necessary to consider how to increase the types of protection orders according to the different needs of applicants for protection orders under different circumstances,to provide more and more flexible relief options for victims.The scope of application of the personal safety protective order is narrow.There are still problems in the definition of domestic violence in China.In practice,physical injury is often used as the basis for confirming the existence of domestic violence.It is necessary to consider that the actual domestic violence may not be limited to physical injury,but even mental violence and financial abuse.The protection measures of the personal safety protective order are limited.The content of the personal safety protective order in the anti-domestic violence law only includes three specific contents:Prohibition of violence,prohibition of contact,and request to move out of the residence.In fact,the victim may also have needs for medical treatment and property protection,which need to consider the different needs of the victim under different circumstances.It is difficult to testify in applying for a personal safety protective order.The particularity of domestic violence cases makes it difficult to collect and preserve evidence.It is necessary to consider the reasonable distribution of the burden of proof and the adjustment of the standard of proof.The enforcement of the personal safety protective order is difficult,and the relevant supporting measures are imperfect.The anti-domestic violence law stipulates that the court is responsible for the enforcement of the personal safety protective order.In practice,the court,as the executive subject,has many disadvantages.At the same time,how to assist and promote the implementation by multi departments also needs to be considered in more detail.The punishment for violation of the personal safety protective order is light.According to the Anti-domestic Violence Law,violation of the personal safety protective order can be punished with a fine of less than 1000 yuan and detention of less than 15 days.The light punishment is difficult to have a sufficient deterrent effect on the perpetrator.The establishment of personal safety protection order system is a breakthrough in China’s legislation to prevent and control domestic violence,but its operability is still insufficient.In the actual handling of the applicant’s personal safety protective order cases,it is still easy to have a dislocation between personal protection and family order,and the protection threshold for victims of domestic violence is too high.At the same time,a safe,secure,and comprehensive social service support system also needs to be established and improved.Canada puts more emphasis on the protection of individual rights of victims and established an external social support system;China pays more attention to the whole family involved in the problem of domestic violence,paying attention not only to the individual rights and interests of the victims,but also to the problems of family order.At the same time,"de familialization" has also become an important feature of China’s anti-domestic violence system.Just as the anti-domestic violence law clearly broadens the subjects constituting domestic violence crimes and is no longer limited to the interior of the family.Family stability,social tranquility,how to make a full use of the personal safety protective order,prevent and control domestic violence,and provide effective protection for victims of domestic violence is the ultimate purpose of this thesis. |
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