Research On Legal Issues Of The Writ Of Habeas Corpus System

In recent years,the phenomenon of domestic violence in China has increased day by day.Under this phenomenon,China has included domestic violence under legal protection.The Anti-Family Violence Law of the People’s Republic of China was implemented on March 1,2016,which was the first time that China put forward the concept of personal safety protection order.Before that,China had not separately stipulated this system.In 2022,the judicial interpretation of the Personal Safety Protection Order was issued.The Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in Handling Personal Safety Protection Order Cases further improved the protection order system in China and effectively combated domestic violence.However,there are still many deficiencies in the implementation of the personal safety protection order,and some areas need to be improved.This paper is divided into four parts through the research methods of literature research,country analysis and case analysis.The first part is an overview of the system of personal safety protection order,which mainly introduces the meaning,characteristics and development status of personal safety protection order.The second part analyzes the existing problems of the personal safety protection order system from six aspects,namely the imperfect punishment provisions for violating the personal safety protection order,the difficulty in providing evidence for the victim’s application for the personal safety protection order,the narrow scope of the acceptance subject of the personal safety protection order,the single type of protection and protection measures,the difficulty in executing the violation of the personal safety protection order,and the imperfect social relief.The third part is the reference of the extraterritorial civil protection order,which is elaborated from the United States,the United Kingdom,Canada and Japan respectively,and analyzes the characteristics of the civil protection order system of these extraterritorial countries,drawing on the advantageous parts,so as to refine the personal security protection order system of our country.The last part discusses the improvement measures for personal safety protection orders,and proposes to broaden the punishment methods for violating personal safety protection orders in response to the current shortcomings;Improve the burden of proof provisions for applying for protection orders;Expanding the scope of acceptance subjects and proxy application subjects;Increase the types of protective orders and protective measures;Improve the execution procedures for violating protection orders and increase corresponding measures for social relief agencies,in order to promote the further development of China’s personal safety protection order system.