The Research Of The Current Chinese Visitation Right Under Harmonious Jurisdiction View

In recent years, with the rising of divorce, the disputes in relating to visitation right have been increased. The visitation right which is one kind of rights of personal status is based on the relationship between parents and children. The visitation right was added in the Marriage Law of China (2001) which provided the legal basis for solving difficult problems in judicial practice. There is no doubt that the system of visitation right is beneficial to children whose parents divorced to be protected. The system of visitation right is also good for physical and mental health of minor. This system plays very important role in resolving divorce cases and keeping the stabilization of society.This article firstly discussed the contents, nature, basic principles and importance of the system of visitation right. The visitation right belongs to the category of parental power instead of the category of custody. The visitation right has the nature of relativity, statutory and the double nature of rights and obligations. The enforcement of visitation right should conform to the principle of the best interests of children and the adaptation of prohibition of rights abuse principle and protect the legal rights of minors whose parents divorced. The establishment of the visitation rights should also conform to the development of current marital legislation in every country.Secondly, this article also researches the system of visitation rights in other countries and areas. By way of comparing the visitation rights in common law countries, such as in United States of America, to the visitation rights in civil law countries, such as in Japan and France, this article summarizes the advantage and disadvantage of visitation rights in every country in order to lay a foundation for Chinese legislation. Thirdly, the paper points out the shortage of current Chinese visitation rights. The visitation right was regulated in the Marriage Law of China (2001) and relevant judicial interpretations. This embodies the great progress in the way of marital legislation. This regulation also endows father or mother who doesn't directly raise children the rights to visit their children. This regulation also emphasizes the protection of minor's legal profits.Last, by way of consulting the successful legislative experience in foreign countries, this article starts from the basic principle of visitation rights to establish the system of Chinese visitation rights on the basis of principle priority of children profits. This article includes the following contents. (1)The subject of visitation right should be expanded. (2) The contents of visitation right should be detailed. (3) The reason for suspending visitation right should be clear and definite. (4)The enforcement of visitation right should be legalized. Based on the above mentioned contents, several legislative advices are provided in this article.