On The Perfection Of Personal Safety Protection Order System In China

The Law against Domestic Violence has been in force in China for six years,and the personal safety protection order system,as an innovation of this law,has become an effective tool to regulate domestic violence and provide a legal basis for the public authority to deal with domestic violence,but there are still certain difficulties in fully exerting the legal effect of the personal safety protection order system.With regard to the application of personal security protection orders in judicial practice,real cases were collected on the Chinese Judicial Documents website for further analysis,and some shortcomings in judicial practice were summarised.Firstly,the scope of application of the subject is narrow and the system of substitution for the applicant is not perfect,which plays a limited role in practice.Secondly,the specific protection measures are not comprehensive and lack financial protection for victims,the types and duration of protection orders are not perfect,and the penalties for violating protection orders are low.Furthermore,the evidentiary system is unclear.Due to the closed and private nature of domestic violence,it is difficult for victims to retain evidence of domestic violence,so the adoption of an excessive standard of proof greatly reduces the probability of an application for a protection order being granted.Finally,the absence of provisions specifically protecting minors does not reflect the value of protecting minors.In order to protect the legitimate rights and interests of victims and to further improve the system against domestic violence in China,it is necessary to examine the institutional setting of civil protection orders in foreign countries.This article examines the main features of civil protection orders from two different perspectives: the common law system and the civil law system.The study of the characteristics of civil protection orders in foreign countries focuses on the four dimensions of protection content,application conditions,rules of evidence and enforcement measures,and on the basis of summarising the legislative and practical experience of foreign countries,and then proposes specific optimisation measures in the light of China’s legislative tradition and enforcement.Specifically,firstly,the scope of the subjects who can apply for a personal safety protection order on behalf of the victim should be expanded,so as to give full play to the role of women’s federations and public security organs in the system of preventing and controlling domestic violence.The types of protection orders and protection measures should be increased,and orders with different protection contents should be formulated according to the different levels of danger faced by domestic violence.Secondly,optimise the procedures for hearing personal safety protection orders and optimise the flow of family trials.The special rules of evidence for personal safety protection orders should be constructed,the scope of admissibility of evidence should be expanded and lower standards of proof should be applied.In addition,the enforcement body of the protection order should be adjusted to further implement the supporting system of the habeas corpus.