Study On The System Of Visitation Right

In2001, in order to solve the contradiction between marriage and family more and moreand the laws and regulations are relatively stagnant situation, China revised the "marriagelaw". In order to minimize the harm to the child, parents in the interests of both sides, reducethe balance of divorce both disputes, promote social harmony, to visit the children of thisincreasingly prominent social contradictions from the angle of law practice, China’s firstconfirmed the system of visitation right. The establishment of the system is not only inconformity with the trend of marriage legislation in most countries of the world, make up ourvisitation rights legislation deficiency, make our marriage and family system more perfect; thetwo sides dispute resolution and the court execution have the corresponding legal basis, thechildren, on the parental rights guarantee and the realization of harmonious society and haveundoubtedly played a good role in promoting.But the actual situationwecan not be ignored is:we areliving in a society ofpeople,oursocial lifeiscomplicated,our social relationshipsare complex andintertwined, throughoutthevisitation rightsystemstarted late, all aspectsaremore general principles andrules,can not fullymeet theactualneeds mecountry;in the legislationand practical experienceforfurtheraccumulation and the legalsystemperfectThis paper first made a comprehensive summary to the system of visitation right,discusses the origin, the meaning of the system characteristics, nature, legislative purpose,function and value, so that we have a framework of understanding of the system; there is onlyidentify, through legislation on foreign and regional exposition comment with our country’ssystem, comparison, analysis of the similarities and differences of legislative system in Chinaand foreign countries and regions, and then sums up and we should learn the advancedexperience and practice. Compares the current legislation is not perfect: did not carry out theprinciple of the best interests of the child; the subject of visitation right scope is too narrow;the visitation right stipulation lacks operability; visit to. Finally, learn from other countriesand regions of the relevant legislation experience and maturity of the system, aiming at the defects of China’s specific conditions and legislation, put forward to perfect the system ofvisitation right in China’s proposal: the best interests of the child as the visitation right systemin our country, the first highest legislative principle, pay attention to the care of children; toexpand in China visitation right subject range, fully meet the interests of children taking intoaccount the interests of other people; quantitative visitation suspended situation, enhanceoperability; finally, perfect the legal system of visitation right guarantee. Through thediscussion of this paper in order to improve the system of legislation in the future and perfect,the full realization of the right to visit purpose and judicial functions proposed his own pointof view and suggestions.