人身保护令准入反对家庭暴力立法维度的困境与对策

在司法实践中,人身保护令是有效制止家庭暴力立法对策之一,但在制止家庭暴力及其执法方面却面临着诸多困境,如缺乏综合、协调性立法系统,未建立有效的干预机制,举证责任制度构建困难等.因此,实施人身保护令应从建立制止家庭暴力合议庭,规范立法研究机制与合理的评估指标,完善人身保护令操作模式等方面突破障碍、改进对策,在立法与执法中,只有充分导入多元研究因素才能有效地推进人身保护令的有效实施.

Difficulties and Countermeasures of Including Writ of Habeas Corpus into Legislative Dimension

In the administration of justice, writ of habeas corpus is one of legislation countermeasures to curb domestic violence. However, there are difficulties in curbing domestic violence and law enforcement in reality. They include lack of comprehensive, coordinated legislation system, lack of effective intervention mechanism and lack of the system of burden of proof. Therefore, the implementation of the writ of habeas corpus should establish anti-domestic violence court, standardize legislation study mechanism and reasonable evaluation indicators, improve the habeas corpus mode of operation so as to make breakthroughs and find countermeasures. The paper states that full import of multiple factors can lead to effective implementation of writ of habeas corpus in the legislation and law enforcement.