婚姻受暴妇女申请民事保护令裁定分析

Legal Transplantation and Adaptation of Law: Analysis of the Application of Civil Protection Order in Marriage

我国家庭暴力防治法虽经过社会各界讨论,其落实状况仍有待探讨。正因为家庭暴力防治法是移植自外国的法律,所以需要大量实证研究资料才能据此调整移植过后的法律制度,以适应本土的社会现况。家庭暴力防治法作为法律实践仍是一个法律适应的过程,必然牵涉社会脉络中的众多因素,受到法院运作结构因素影响。因此,有必要创建一个对话的平台,让参与的相关人员得以展开法律、社会与文化的沟通,以建构完善的法律实践。

Family Violence Prevention Act, in particular the provisions on civil protection order, was going through the contents of the bill is discussed in the community, their implementation status is yet to be explored. Because Domestic Violence Pre- vention Act is transplanted from foreign law, it requires a lot of empirical research data can be adjusted accordingly trans- plant after the legal system so that adapt to the local social status. This paper argues that the process Domestic Violence Prevention Act as real face of legal practice but an adaptation of the law, necessarily involved in the social context of a number of factors, factors affecting the operation of the structure by the court. Therefore, it is necessary to create a plat- form for dialogue, let the relevant people involved to expand communication law, society and culture, in order to con- struct a sound legal practice.