Visitation Systems Trial Thinking And Improvement

The visitation rights were established in the amendments to the law of marriage in 2001. The purpose of the legislators is to protect the lawful rights and interests of minor children and their divorced parents. However, it is apparent from actual effects that the enforcement of principle didn't achieve its intended purpose. The reason is that the visitation rights of our country have their inherent weaknesses and inadequacies. Therefore, it is of great practical significance to intensify the study of and improve the system of visitation rights.By examining the basis of visitation rights, this thesis first reveals the fact that the visitation rights are the parental rights after the dissolution of marriage and feature specific subjects and unity of rights and obligations. Due to its late establishment, the academic circle is still in dispute over its nature. However, it is evident from the purpose of the principle that the visitation rights are both rights and obligations. It is the first time that the principle of visitation rights has been established in China, contributing to the completion of the legal system of our country and the stability and harmony of society. It is of great legal and practical value.The thesis then makes a comparison between the visitation rights of the continental legal system and the Anglo-American legal system in terms of their backgrounds and legal provisions, which shows that the principle of visitation rights of our country are problematic due to the limited extension of the subject of visitation rights, ambiguity of the contents, overgeneralization of the legal particulars of suspension and the impracticality of forcible execution, which, to a great extent, limit its effectiveness.The thesis finally calls for legislators to draw on the experience of other countries. It is suggested that the national conditions of our country should be taken into account in completing the visitation rights. The top priority should be placed on the best interests of the child. The ideological work and legal publicity should be in place. Besides, the visitation rights should be properly extended and the exercise and suspension of the rights should be detailed. It is also proposed that legislators should step up their efforts to ensure people's rights to judicial remedy, include obstruction of visitation rights as a legal ground-for the alteration of the relationship of parental support to children, and introduce the principle of compensation for mental injury.