A Study On The Legislation Of Visitation Right Between Generations In China

In China,grandchildren are usually taken care of by grandparents.The long-term common life leads to the deep feelings and close relationship between the two sides,and the phenomenon of "generation separation" is common.Based on the deep feelings and intimate relationship between grandparents and their grandchildren,there are more and more disputes in judicial practice in recent years.Although the first and second drafts of the marriage and family code(Draft)reviewed by the chairman's meeting of the National People's Congress have responded to the issue of the right of alternate generation visitation,the third draft on October 21,2019 has deleted the provisions on the right of alternate generation visitation of grandparents.Due to the lack of legislation,the courts around our country often have difficulties in judicial operation when dealing with the disputes of alternative visit,which makes it difficult for grandparents to realize the right of alternative visit to their grandchildren.Therefore,it is necessary to re-establish the visiting right of grandparents in our country and improve the visiting system in our country.In this paper,the right of visiting the next generation's lineal relatives within three generations is limited to the right of visiting the third generation's grandparents.This paper holds that the right of visiting is based on the special identity relationship between grandparents and grandchildren.Both grandparents and grandchildren have the right to visit each other.As some scholars have said,"the right of visiting is a two-way right,and the minor children also have the right tovisit their parents".However,due to the limited space,this paper only discusses the right of visit of grandparents to their grandchildren.Focusing on the legislative construction of the system of alternative visitation right in China,this paper mainly focuses on the following three parts:In the first part,by introducing two typical cases in judicial practice,this part analyzes the essence of the court's judgment,and then summarizes the concept and legal attribute of the right of alternative visitation;whether our legislationshould establish the system of alternative visitation and how to legislate the system of alternative visitation.In the second part,the first section of this part mainly introduces the concept and legal nature of the right of alternative visitation.The second section mainly introduces the current legislative status and judicial practice of the right of alternative visitation in China.The third section mainly discusses the necessity of establishing the system of the right of alternative visitation in China.The third part,this part mainly introduces the legislative suggestions on the construction of the legal system of alternative visitation in China.There are mainly three sections.The first section mainly introduces the legislative principles ofestablishing the system of alternative visitation in China.The second section mainlydiscusses the substantive legislative aspects of the right subject and obligation subject of the system of alternative visitation,the exercise of grandparents' alternative visitation,and the place of the exercise of alternative visitation.The thirdsection mainly discusses the procedural guarantee of resolving the dispute of alternative visitation in China The court discusses the procedure and legislative levelof the enforcement measures of the disputes over the visiting right of the next generation.