Study On The Review And Identification Procedures Of Personal Safety Protection Order

In the trial of marriage and family cases in China,domestic violence is frequently mentioned.Prevention of domestic violence,as one of the important goals of the reform of marriage and family cases in China,has been paid deeper attention,and the writ of habeas corpus has become more and more effective means to prevent domestic violence and protect citizens’ legitimate interests.2016 the"anti-family violence law of the People’s Republic of China,formally established the safety protection order program,around the began of personal safety protection order related cases and how to implement the safety protection through the program design to the improvement of the audit decision procedures,give full play to its value,is a key in the program is running.This paper mainly takes THE people’s Court of H County as the investigation object,inspects the operation status of the verification procedure of habeas corpus protection order in practice,and puts forward targeted improvement suggestions.Specifically,it includes five parts:The first part starts with the meaning and development of habeas corpus protection order,discussing its value and the difference between it and other injunction procedures.Nowadays,the systematic regulation is not formed on the examination and confirmation procedure of habeas corpus protection order in China,so the connotation and function of the object of discussion need to be defined to lay a foundation for the narration of the following article.The second part takes THE PEOPLE’s Court of H County as the object of investigation,and investigates the operation of the verification and confirmation procedure of the writ of personal safety through interviews,checking files and other forms of investigation,and investigates the actual operation status.The third part makes a macro analysis of the problems existing in the operation of the verification and confirmation procedure of the personal safety protection order based on the practical investigation and research,and focuses on the problems existing in the operation on four aspects: the difficulty of providing evidence due to the unclear type of evidence,the narrow range of admissible evidence,the unclear standard of proof and the imperfect relief procedure.The fourth part selects typical countries and regions from the Common law system and the civil law system respectively,inspects the relevant legislative provisions and operation status of different regions,and puts forward the useful experience that can be used for reference for the verification and determination procedure of habeas corpus protection order in China through comparative analysis.The fifth part puts forward corresponding suggestions on the basis of the problems existing in the operation of the verification and confirmation procedure of the personal safety protection order and drawing lessons from overseas experience.The suggestions include the improvement of the application content,the refinement of the verification procedure and the enrichment of relief measures.