| Visitation right is an important part of paternity.In 2001,China amended the Marriage Law of the People’s Republic of China,which,for the first time,established the visitation right system in the law.The system of visitation conduct the legal norms of the visitation,including its related subject,exercise mode,exercise principle and restrictions.This provides legal basis for the judicial practice of visitation rights,and helps to ensure effective implementation of the visitation right.But in the judicial practice,the dispute about the visitation appears frequently.The fundamental reason is that the system of visitation right is not perfect.The legal provisions of the visitation right is not enough,and related judicial interpretation is not perfect,and another reason is the lack of corresponding operational.All these bring difficulties to the practice of visitation right.In the form of a typical case,the article draws out the controversy focus on the legislative principle,the scope of the subject,the exercise and restriction of the visiting right system,on the basis of the comparative study of the visit right system and the foreign visit right system,drawing on the experience and practice of the United States,Germany and Japan,puts forward the shortcomings of these problems in our legislation,puts forward some suggestions on how to perfect the principle of visiting right in our country,the main body of visiting right and the exercising and restricting of visit right in view of the judicial problems encountered in judicial practice. |
