Research On The Personal Safety Protection Order System In The Anti-Domestic Violence La

In recent years,with the influence of social media platform gradually infiltrating into everyone’s daily life,more and more domestic violence has become a social focus,and the protection of the rights and interests of domestic violence victims has increasingly become a major issue of the whole society.Especially in this COVID-19 epidemic period,domestic violence has shown a surge trend both at home and abroad,and it has become a very urgent problem to seek effective prevention and control methods.The legislation to prevent domestic violence in China started late,and is still in the initial stage of exploration,among which the most significant milestone is the introduction of the civil protection order system.In 2015,China issued the "anti domestic violence law".As a new civil relief way to protect the victims of domestic violence,the personal safety protection order system appeared in the public vision,opening a new situation of judicial intervention in domestic violence.Although after the anti domestic violence law was issued,all provinces have successively issued relevant regulations and implementation measures to implement the personal safety protection order system,its implementation effect in judicial practice is not satisfactory,and there are still many difficulties and blockages to be solved.In October 2020,General Secretary Xi Jinping emphasized the basic national policy of equality between men and women on the fifth Plenary Session of the 19th CPC Central Committee,guaranteeing the legitimate rights and interests of women and children.In November of the same year,the Supreme People’s court,the all China Women’s Federation and the China Association of Women Judges jointly issued ten typical cases of personal safety protection orders.This series of important measures clearly show the society the attitude and determination of multi-party joint efforts and joint governance of domestic violence,and also arouse the heated discussion of the protection order system in the academic circle once again.In this context,I hope that through the analysis of the judicial situation in the process of system operation,I can deeply explore the operation dilemma of personal security protection order in judicial practice and analyze the reasons behind it.On the basis of fully investigating the relevant advanced experience and practice of various provinces in China and the advanced system experience abroad,this paper attempts to put forward the corresponding improvement countermeasures from the top-level design of law and judicial practice.This paper is divided into four parts.The first part focuses on the historical evolution of personal security protection order system,summarizes its development process in China,and points out the important value of the system in China’s anti domestic violence work.The second part focuses on the analysis of the difficulties and reasons of the operation of the personal security protection order system in judicial practice.Taking 1000 judicial decisions as the research and statistics base,the paper analyzes the operation status of the personal security protection order in courts at all levels,and concludes that there are some problems in the judicial practice,such as the small number of applications and low application rate,the inappropriateness of the application subject and the lack of evidence According to the problems of inconsistent identification standards and lack of relief measures,this paper analyzes the reasons behind these problems from the perspective of legal system and judicial operation,mainly including rough legal provisions,difficulty for the applicant to provide evidence,insufficient enforcement and punishment,insufficient supporting measures and follow-up supervision,etc.In the third part,the author summarizes the experience of other countries in the aspect of personal security protection order from four aspects:the application procedure of personal security protection order and the rules of proof,the trial procedure,the enforcement measures of personal security protection order and the legal liability for breach of order.In the last part,on the basis of the above analysis and research,and on the basis of fully investigating the advanced practices of several provinces in China,the author puts forward the improvement path of the system of personal safety protection order in China,which can be divided into four parts:strengthening the top-level design of personal safety protection order,constructing the evidence rules of personal safety protection order that fit the family trial,deepening the reform of the implementation mode of personal safety protection order,and completing the implementation of the system There are five aspects to be discussed,including the relevant supporting measures of personal safety protection order,and the change of judicial concept of family trial judge.