Establishmentand Perfection of Domestic Violence Prevention System

By ZHAO Ningning

[Abstract]  Domestic violence is a widespread phenomenon that has existed in family lives in China and around the world since ancient times tothe modern day. The domestic violence issue is a social problem that has attracted global attention Since 2008, when the first Habeas Corpus verdict against domestic violence was delivered in China, a number of Habeas Corpus verdicts have been delivered in a wide variety of places. Courts in various regions have increasingly accepted the Habeas Corpus applications and have published relevant guidelines, which bring expectations to victims of domestic violence. The Habeas Corpus order has been a widespread measure against domestic violence in many countries and regions. It has been proven that the Habeas Corpus system can provide effective judicial remedy for domestic violence victims. This article firstly gives an introduction to the implementation of the Habeas Corpus system in regions and countries like the United States,Australia and Taiwan. Additionally, the article introduces the practice of Habeas Corpus system in China and presents the obstacles that the implementation of the Habeas Corpus system may encounter in China, such as the constraints of traditional ways of thinking, lack of judicial intervention,insufficiency in the relevant social mechanism and so on. Finally, the article proposes suggestions on how to improve the effective operation of the Habeas Corpus system in China so that it, with the support of a comprehensive anti-domestic violence system, can be used to provide domestic violence victims with immediate and effective remedies, reduce the possibility of domestic violence,and maintain the harmony of families and the whole society.

[Key words] Domestic Violence, HabeasCorpus verdict, Women’s rights protection, Judicial remedy, Domestic violenceprevention system