The Visitation Rights System And Its Perfection In China

This article is out of consideration for how to protect the minor children's profit, combining other country and area's legislation in the world, in view of different opinions of visitation right system at preset in terms of theory in our country , and all kinds of questions in judicial practice, mainly discussing the definition and significance , legal relation , the ownership of right and duty, exercise, discontinuance and rehabilitation ,compulsory execution of visiting right, etc .Meanwhile analyse the defects of visit right system of our country's marriage law, which include excessive narrowness of subject definition , unite of scope of application, negation of two-way and unity of visiting right, generality of legal reason of suspension , principle of compulsory insurance , etc . On the base of the above this article holds that parent's right of visiting to children is combination of right and duty, not a kind of "new right" which the marriage law stipulates . Parents not only enjoy right but also undertake obligation , minor children should enjoy visitation right as well. Investigating legislative purpose, subject range of visitation right should be enlarged , under given conditions grandfather and grandmother can visit the kinder frequently . The obstacle how to exercise can be get ride of according to law .To take children's benefit into account , one partner can discontinue the other partner to perform the visiting right in a certain period, but must have legal term and procedure , also not to abuse the right .To be provided for the legal reason which can result in altering foster relationship , when visit right suffer barrier . Form a system of spiritual compensation, improve the mechanism of responsibility of law, and perfect the relevant procedural items. Finally , construct the visit right system in China which centers on the best interest of child, coordinate the relation between parent's right and children's interest, so that make the principle of protecting children to become embedded in marriage and family law system , ram the status where marriage and family law in the civil and commercial law system .