| The family is the basic unit of society.The harmony and stability of the family is very important to the society and the country.Only when the family is harmonious and stable can the society be stable and the country prosper.However,in reality there are many factors that affect the harmony and stability of the family.Among them,domestic violence is a major cancer that destroys family relations.Domestic violence is widespread in the world,and it directly harms the physical and mental health of victims of domestic violence,and has become a serious social problem.Countries(regions) around the world have paid close attention to the problem of domestic violence,and have carried out a series of theoretical explorations and practices on this issue.Among them,the civil protection order system pioneered in the United Kingdom has been repeatedly tested and considered to be the most effective means of regulating domestic violence.First,this system has been followed by other countries and regions.Our country also introduced the system in March 2008.The Supreme People 's Court,China Institute of Applied Law issued the “Guidelines for the Trial of Marriage Cases Involving Domestic Violence”(hereinafter referred to as“trial guidelines”)that provide guidance for judges in handling cases.And conduct a partial pilot,the pilot court can make a personal safety protection ruling.At the same time,the "Trial Guide" clearly states: "This guide cannot be used as a legal basis for judges to judge cases." For this reason,China implemented the "PRC Law on Domestic Violence"(hereinafter referred to as "anti-Domestic Violence Law "),in which the personal safety protection order system has become the biggest highlight of the law.Through 10 legal provisions,the system has made more systematic provisions from the substance content to the procedure specifications.The court protects the personal safety of the victim by issuing a protection order and ordering the perpetrator to do nothing or a certain act,which is a judicial remedy for the victim.From local pilot projects to final written legislation,the personal safety protection order system has gone through a process from scratch in China.In order to specifically study the implementation effect of the "Anti-domestic Violence Law" and the actual operation of the personal safety protection order system in judicial practice,this article uses literature research methods and case analysis methods.On the one hand,the implementation of the "Anti-domestic Violence Law" has achieved With good social effects,more and more victims of domestic violenceactively use legal means to protect their legal rights and interests,and the personal safety protection order system has greatly exerted the advantages of the system;on the other hand,the author takes Jiangsu Province as an example.The province 's 443 personal safety protection order judgment documents were organized and analyzed,and the personal safety protection order system was described in practice from the aspects of application subject characteristics,application reasons and reasons,types of evidence and sources,trial results and time limits,remedies and validity periods.The current status of the operation,and found that the system in judicial practice highlights such issues as the application rate,the low court approval rate,the difficulty of the applicant 's proof,and the many challenges encountered in the implementation,and the insufficient punishment for the respondent who violated the protection order.Finally,in view of the problems in practice,based on the successful experience of the British and American countries and the Taiwan region of China,and combining with the judicial practice of our country,the detailed design of the system,the construction of special rules of evidence,and the enforcement of enforcement Various aspects put forward specific measures to improve our personal safety protection order system. |
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