A Practical Study On The Dilemma Of Visitation Right Execution

In the short decades since the reform and opening up,with the rapid development of China's economy and society and the continuous improvement of the degree of openness,tremendous changes have taken place in all levels of society.While people's living standards and education levels have been continuously improved,the traditional thoughts and lifestyle of "home" in Chinese culture have also been constantly impacted.People are no longer bound by traditional notions of marriage and are resigned to unhappy marriages.After crossing the threshold of love freedom and marriage autonomy,family recombination and alienation soon swept over.Although people's concept of marriage has been weakened,the cognition of family affection in Chinese people has not changed.In order to make up for the emotional deficiency of the party who does not directly bring up their children after divorce and at the same time try to give their children complete parental care,the regulation of visitation right was added in the marriage law amendment of 2001.The introduction of visitation right is undoubtedly a great progress in China's marriage law and even the civil law system,which not only responds to the practical needs of the society but also reflects the people-oriented legislative concept.However,due to the lack of system and the complexity of family disputes,the judicial practice of visitation right has been controversial and criticized.As a senior executor on the basis of summarizing the practical dilemma of visitation right execution,the author hopes to explore the legislative essence of visitation right and the choice of right conflicts,so as to perfect the enforcement system of visitation right and realizing the original intention of the legislation.This paper is divided into four chapters except preface and conclusion.Chapter one,starting with the definition of visitation right,elaborates the nature of visiting right,legislative purpose,etc.,and makes a comparative analysis of the deficiencies in the legislation of visitation right in China.Chapter two,starting with some practical cases of visitation right execution and analyze the dilemma of Visitation right Execution.Chapter three,the author compares the legislation and concepts of visitation right execution outside China,and summarizes the relevant legislative concepts that can be used for reference.Chapter four,on the above mentioned problems in legislation and practice of t visitation right execution in China,puts forward targeted Suggestions.