A study on the protection of personal rights in the process of divorce

Abstract

As one of the most basic and prevalent units in society, the happiness and peace of the marital family has an important impact on the stability of society as a whole. With the increasing number of divorce cases in China, domestic violence has now also become one of the main causes of divorce proceedings, and the physical threats present in divorce disputes are bound to infringe on the personal rights of the injured party. To a certain extent, it can also cause irreparable damage to the physical and mental health of even minor children within the family. Therefore, in response to divorce cases caused by domestic violence, China has fully carried out the reform of family trials and implemented the protection of the personal rights of the injured party through the personal safety protection order system stipulated in the Law against Domestic Violence. This article starts from the current situation of divorce in today's society, takes domestic violence as the starting point, takes the right to life and health and the right to personal freedom as the main research objects, combines the habeas corpus system, analyses the necessity of the protection of personal rights of the spouses in the process of divorce and its causes, and then proposes corresponding countermeasures and legal measures to the above problems, and finally achieves the legislative purpose of protecting the personal rights of the injured party.