In Terms Of Chain's Visitation Right System

Parental divorce is not a matter of private matter between them,a complete family includes all the members of the parent and child.The relationship between husband and wife caused by emotional problems caused by the breakdown of marriage,resulting in a complete family of broken,in dealing with divorce divorce their parents,the interests of their children cannot be confined to the level of material interests,the child's spiritual interests should be maintained,parents divorced,Children do not have a complete family,their spiritual interests must be greatly damaged,and the emergence of the right to visit the system,just to make up for this defect,the right to visit the system is concerned about the exercise of the right,so that the Visitors can Mental and psychological comfort.The first provision of the Marriage Law,which was revised on April 28,2001,stipulates the system of the right to visit.This system has played an indispensable role in its own,ensuring the legitimate rights and interests of the minor children and alleviating the social existence some of the contradictions,making the family and society can be harmonious.However,there are some problems in this system,the legislative provisions are not detailed enough,so that in the judicial practice to meet specific cases will be difficult to deal with the relevant contradictions,disputes cannot be effectively handled.Therefore,on the basis of the existing laws,it is necessary to study the theory and practice of the system of the right of inspection.Based on the current situation and judicial practice of the system of visiting right in our country,this paper uses the methods of analysis and comparison to carry on the system of the right of inspection further analysis.The basic theoretical issues of the right to visit are divided into two parts,the legal concept of the right to visit the system and the nature of the controversy.Some scholars believe that the right to visit by the rights and obligations of both sides,some scholars believe that the right to visit and divided into natural rights and legal rights,the author of two different views by comparing the summary,come to their own views.The right of access has both the right attribute and the obligatory attribute.From the right point of view,with the transition from the natural right to the legal right,the right itself naturally combines the nature and the sociality,so the nature of the visit right is multiple of.Through the definition of the concept of the right to visit and the further analysis of thenature of the right to visit,for the later discussion provides a theoretical basis.Through the comparative analysis of the characteristics of the system of foreign visit rights,this paper compares the differences between the Anglo-American law system and the civil law system,and then obtains the influence of the foreign visiting right system on our country.In the process of perfecting the right of our visit,Foreign advanced system;at the same time should also see the lack of foreign part of the system,avoid weaknesses.This article mainly talked about the analysis and reflection of the system of visiting right in our country,the relevant provisions of our country's legislation,the concrete application in practice and the controversy in the nature of the theory,mainly including the right of the visiting system The scope of the main body,the right to visit the right of the main content and how to exercise the right to visit,under the circumstances will be suspended in accordance with the law and the application of recovery,and finally includes the right to visit in the actual implementation of the process of problems,The implementation process there is a lot of difficulty and so on these aspects.The main shortcomings include the lack of guiding principles,the scope of the subject is very small,the content of the content is too vague,visit the suspension of the provisions of the situation is not detailed enough,the implementation process is difficult.In view of the shortcomings of the system,the paper puts forward some suggestions on the measures and some perfect suggestions to promote the general guiding principle of the principle of the best interests of the children as the system of the right to visit.In every implementation of the system,including the system The direction of the legislation should be based on the general principles of children as the general guide,the scope of the subject can be combined with the actual situation in China to expand the scope of the main body of the right to visit the content of the system itself to further enrich the right to stop the system And the implementation of some relief measures to improve,such as the spirit of the system of compensation and supervision of the supervision of the creation of the system,are conducive to the overall improvement and expansion of the right to visit the system,and ultimately return to the guidelines in principle,that is,to protect the interests of all parties,In particular the protection of the interests of minor children.