Empirical Research and Optimization Path of the Writ of Habeas Corpus System
The writ of habeas corpus system is a specific embodiment of personality rights injunctions in the family domain,exhibiting a"rights-confirming"non-litigation procedural feature,which provides a judicial remedy for victims of domestic violence.Based on empirical research on the judgment documents,this paper finds that compared with China's large amount of domestic trial cases,the scope of application of the writ of habeas corpus is relatively limited,and there are still many misunderstandings among the public.Moreover,the lack of legislative rules about this procedure has led to inconsistency regarding the plaintiff qualification,acceptance rules on evidence,and the judge's interpretation right in the judiciary's practice,which can easily cause non-uniformity in the judgment standards.To maximize the protection of rights of domestic violence,the summary judgment elements in the writ of habeas corpus system should be clarified,and the existing"family-oriented"judicial concept should be revised,introducing the temporary writ of habeas corpus in judicial procedures.This can be achieved by empowering judges to actively exercise their right to interpret and investigate,thereby dispelling misunderstandings of victims of domestic violence.Meanwhile,we can build evidence rules that center on the protection of the interests of victims of domestic violence,promote the public security organ as the main executive subject of the execution system,and establish a multi-organizational collaborative execution mechanism,thus maximizing the legal effect of the writ of habeas corpus system.
writ of habeas corpusdomestic violenceAnti-Domestic Violence Law
NETL
NSTL
万方数据
