System Of Visiting Rights

In recent years, as China’s divorce rate increases, children’s supporting and visiting becomes abig problem, meanwhile,people are increasingly concerned about the problem of theirchildren’s visiting. Visitation is an important part of the divorce law，the development andimprovement of it relates with the rights and obligations of parents, children,(outside)grandparents and other parties.It’s of great significance. Before "Marriage Law(2001)"wasrevised, it hasn’t been clearly defined. The right of visiting is one of the new content, in"Marriage（2001）", and it fill a legislative gap of China’s divorce law system. Pursuant tothe provisions, visitation is the right of one of the parents’(who doesn’t directly raise child) tovisit their child after divorce. But in fact, visitation isn’t just a rights, it is a combination ofrights and obligations. Because our system provides the right of visiting later, to compared toother countries or regions,in which the legal system provides the right of visitingearlier,China’s visiting right legal system presents a number of shortcomings.This paper,evidence-based, from the perspective of solving practical problems, by comparative analysisof the world’s major countries and regions’ provisions,point out the lack of our currentvisiting legal system, and makes a perfect view of the legislative system.This paper is divided into five parts, the basic elements include:The first part of is the overview of the visiting right system. In addition to defining theconcept of the visiting right, this section will be divided into four parts. First, the history isintroduced. Second, the nature of the visiting right is discussed.Third, the visiting right’slegislative significance is described. Finally, the function and legislative values of the visitingright was discussed.The second part compares and reviews the status quo of some foreign countries andregions.It lists the provisions of Germany and the United States, and gives a brief analysis ofthem, then compares and reviews the differences between theirs and China’s legislation.The third part is the problems of China’s Visitation Rights system in practice. Through the empirical research to the Women’s Federation of the Nanan District of Chongqing,Chongqing Yuzhong District Court, and by exchanging with Judge Liu working in thesending Court of Dazhu in Sichuan Province,I preliminarily understand the situation of thevisition rights disputes which are resorted to the courts and the Women’s Federation visitationsituation and the application of the legal system, clear the problems of China’s legislative andjudicial practice.In Part IV, the Author mainly discusses the legislative problems of our visition rightssystem from five aspects. The problems: first, it discusses the abuses of our current visitionrights legal system of which the child’s best interests frist principle is not the basic principle;second, it analysises the lack of the legal relationship of visitation rights; third, the exercisingproblems of Visitation Rights is analysised; fourth, Visitation’s suspension and recovery isinvestigated; fifth, it discusses the lack of trial and enforcement of Visitation disputes.Part V is the legislative perfection of our Visitation systems. Against the shortcomings ofthe fourth part,it makes legislative proposals of perfecting the legal system of VisitationRights, from the child’s best interests first principle, the legal relationship of the VisitionRights, the exercising of the Visition Rights, Visitation’s suspension and recovery,and theenforcement of Visitation.