On The Issues Of Enforcing "Visitation Right"

With the rapid development of our society,"visitation right" disputes are gradually increasing,"visitation right" and its enforcement attract more and more attention from the theoretical and practical circles.The revised Marriage Law of the People’s Republic of China in 2001,confirmed "visitation right" in the legislation.The establishment of the "visitation right" in china reflects the progress of legislation.It has been filled the blank of the law,provided a legal basis for the courts hear and enforce the "visitation rights" disputes,it has been draw a line for the behavior of those people who enjoy visitation rights and obligations.The core issue about the "visitation right" system is the issue of enforcing "visitation right".It is the last and most powerful protection whether that right can be realized,has important implications for the judicial practice.In this paper,the author used the analysis,comparison,and theory with practice,based on the significance of "visitation right",through analyzed the problems of "visitation right" enforcement and their reasons for these problems,combined with the extra-territorial "visitation right" enforce compare findings of the study,proposed the targeted specific solutions,to protecting the legitimate rights and interests of the parties who are in the "visitation right" disputes,and to achieving justice.Text in addition to the introduction and conclusion,is divided into four parts,about thirty thousand words:The first part,the connotation about the "visitation right" and the significance of the enforcing "visitation right".First,though parse the connotation of "visitation right",clear that"visitation right" is a natural outgrowth of a kinship-based rights.The purposes about it are not only to ensure the smooth implementation of parents’ parental rights who are not directly live together with their children,but also to maximize the maintenance of the interests of the children,so that the development of their children’s physical and mental health.In view of the special nature of the "visitation right",this part also introduce the basic characteristics of the"visitation right".Firstly,"visitation right" has the attributes of parental authority,it is a natural extension of the parental rights extend.Secondly,subjects of right of "visitation right"have diversity.Thirdly,the "visitation right" with natural accessibility.It is produced from the fact that the children born,not because their parents divorced,the court decisions or the parents’ agreement disappear.Second,the meaning of enforcing "visitation right".Enforcing"visitation right" contribute to safeguard the legitimate rights and interests of parents and children,to help solve cases of divorce disputes,can compensate for the defective of "turns upbringing,to help reducing the delinquency of the children from single-parent families.The second part,the problems of enforcing "visitation right".First,the theoretical dispute about enforcing "visitation right".Though introduce different academic point of views,sum up that many scholars have held the view of "Negative People Perform",so author demonstrate the implementation of the subject of enforcing "visitation right" from the negative side.Second,the legislation defects in enforcing "visitation rights".Firstly,introduce the status quo of enforcing "visitation right".Secondly,through these introductions above,author draw that enforcing "isitation right" has following problems in legislation:lack the principles of enforcement,the conditions seeking to enforcing are not specific,lack the specific reasons which lead to suspending enforcement,lack the specific reasons which lead to terminating enforcement,the range of the obligor is uncertain and there are short of means of implementation.Third,the problems of law application about enforcing "isitation right",including person subjected to execution refuse to cooperate with,children uncooperative,the visitation rights abuse "Visitation Right",wairen unwilling to assist and the problem on the executive power of the court.Finally,analysis of the reasons for these problems.It includes substantially the following several reasons:deep "pro-centered" thinking,our attention on enforcing "visitation rights" is not enough,the quality of executive for "visitation right" is low,publicizing the importance of the legal system is not in place and the people’s legal awareness is not high.The third part,the extraterritorial visits of enforcing "visitation right".First,the legislation and practice of the extra-territorial enforcing "visitation rights".Firstly,in order to protect the "isitation rights" benign exercise,the United States design a series of relief measures and punitive measures in its legal system.Secondly,the French set up special neutral venue to exercise visitation rights.Thirdly,Japan establish fulfill ensure system in its Persons Litigation Law,and regulated when the obligor does not fulfill its obligations within the period determined by the court,the court can fine he(her).Fourthly,according to Taiwan’s legal provisions,when the obligor refuse the right owner to visit their children,the judge can fine him or her,or summoned the obligor.Second,comparative analysis of the extra-territorial enforcing "visitation rights",specifically including:Considering childrens’ will,safeguarding their interests;The exercise way of "visitation right";execution measures of enforcing"visitation right";enforcement measures;the way to achieve the "isitation right".The fourth part,the ideal of perfecting the enforcing "isitation right".Author based on the three parts above,put forward some ideas which could perfect the enforcing "visitation right".First of all,to establish the principles which should be followed when "visitation right"be enforced,including the principle of persisting in combining education and enforcement measures,principle of protecting children’s best interests and the principle of using with caution in mandatory measures.Secondly,improve the relevant legislative provisions of enforcing "visitation right".It involves clearly stipulates the way,time,place about exercise"visitation right";clear execution aborted and execution terminated of enforcing "isitation right";perfect the measures of enforcing "visitation rights";improve the way to realize"visitation right";refine the "refusing to implement the judgment of crime";establish spiritual damage compensation system;expand the range of the obligor;incorporate "visitation right"cases into these cases which are applied to special procedures.Finally,perfect other aspects of enforcing "visitation right".It includes four aspects:treated differently to the problem of children do not fit,establish related files about enforcing "visitation right",establish some specialized neutral venue to exercise "visitation right" and serve mediation as a necessary stage in the performing procedures of "visitation right" 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