Research On The Development Of Personal Safety Protection Order System

Our country has been exploring the use of legal means to intervene and control domestic violence for decades.From the personal safety protection ruling to the personal safety protection order system,our country has summarized the results of many years of practical experience,and in the experience and achievements of personal safety protection orders.The above further started the exploration of applying for an injunction against infringement of personality rights.Now that the personal safety protection order system has been implemented for 6 years,after reviewing the system after 6 years,it can be found that the current personal safety protection order still has problems that it is difficult to prove and execute.The reason is that our country’s judicial organs have misunderstood and lacked the procedural rules of the personal safety protection order system,resulting in judges "dare not to judge" in judicial practice and "no clue" in execution.Therefore,it is necessary to clarify the legal attributes and procedural attributes of personal safety protection orders,and then combine with the relevant mature civil protection order systems outside the territory to put forward suggestions for improving my country’s personal safety protection order system.The conclusion drawn from the discussion in this paper is that,from the perspectives of legal attributes,procedural structure,procedural value and legal theory,the procedural rules of non-litigation procedures should be applied to construct the personal safety protection order system.Through comparative law research,it can be found that the civil protection order system of the United Kingdom,the United States,Japan and other countries has great reference value for the improvement of the personal safety protection order system in our country.Finally,based on the non-litigious procedural jurisprudence of simplification,authority,and free proof,the article constructs the application procedure of the current personal safety protection order system in my country.The improvement of protection orders can be carried out in the direction of refining categories,optimizing application procedures,clarifying certification standards,and building diversified enforcement mechanisms.