Research Of The Visitation Right

This paper mainly conducts a systematic study on the visitation right,and focuses on the implementation of the visitation right in combination with the actual situation in China,and proposes solutions to specific problemsThe foreword of this paper shows that high divorce rate in China is the direct cause of the increasingly serious problem of visitation right.At the same time,the concept of family relatives in our country is very strong.Even if parents don't have the custody,they are extremely eager to realize the visitation right.However,current reality in China makes it difficult to achieve.This is the background of why I'm interest in the visitation right.The article is divided into four parts.The first part introduces the connotation and attributes of the visitation right.The visitation right originated from the common law system,it is a right that the mother or father who doesn't get custody right can visit and communicate with their minor children after divorce.It comes from identity relationship and has both attributes of right and obligation.As for whether it belongs to custody or parental rights,there has been controversy.I believe that it is more closely related to parental rights.The subject matter of enforcement is identity interests that parent can get by visiting children.The second part introduces the relevant content of the subject of the visitation right.Since the visitation right is a new right that is established after the revision of the Marriage Law,the scope of the subject is strict.Only one parent who has not obtained custody is recognized as the subject of the visitation right.However,the judicial practice in China and the trend of international legislation both believe that grandparents and children should be the subject of visitation right.I discussed its operability in the paper.In addition,the conditions for the grandparents to obtain the visitation right and the age of the children should also be defined.The third part introduces the suspension and recovery of the visitation right.The legislation in this aspect of our country is still not perfect.I has contacted other laws to divide the reasons of suspension into absolute suspension reasons and relative suspension reasons,and explained the formal and substantive conditions of recovery.The fourth part demonstrates the enforceability of the right to visit,which is also the core content of this article.This paper introduces the reason of execution,the object of execution,the way of execution,and the characteristics of execution.At present,the enforcement of the right in China mainly includes fines,detention and so on.Because of the imperfect visitation right system,party and relevant people don't help to visit,gathering evidence is difficult,the settle of lawsuit is chaotic and other reasons,the performance of visitation right is very difficult.Part countries of the common law system or continental law system have had perfect performance method of visitation right,such as imprison and change the custody right.Chinese visitation right cases should follow the concept of harmony,introduce the compensation of mental damage,establish the expert consultation system and introduce the compensation of changing the custody right.