On The Visitation Right System In China

In the amendment of the marriage law in 2001,the right to visit was included for the first time,stipulating that the father or the mother who did not raise their children directly after divorce had the right to visit their children.The visitation right system not only meets the parents’ demand for children’s care after divorce,but also guarantees the physical and mental development of minor children after divorce.However,due to the deficiencies of the existing legislative provisions and judicial application,the visitation right system has many problems in the implementation process.Therefore,this paper intends to make an in-depth analysis of the existing defects of the visitation right system in our country,and puts forward Suggestions on improving the visitation right system,so as to ensure that the right holder can smoothly exercise the visitation right.This paper is divided into four parts:The first part is the overview of visitation rights.This part mainly introduces the connotation of visitation right,the relationship between visitation right and other rights,and the trends of visitation right legislation in the process of compiling the Civil Code.In this way,the basic elements of the connotation of visitation right,the independence and particularity of visitation right are clarified,and the latest legislative trends of visitation right are understood,so as to lay a foundation for the follow-up research of this paper.The second part is the investigation and analysis of the legislation of visitation right abroad.This part analyzes and compares the relevant legislative provisions of the United Kingdom,the United States,France,Switzerland and other countries respectively from the aspects of the main body of the right of visitation,the content of the right of visitation,the limitation of the right of visitation,and the implementation of the right of visitation,summarizes the similarities and differences of the provisions,and provides references for the legislative summary of the right of visitation in China.The third part is the defects of visitation right system in our country.This part is mainly from the legislative level,supplemented by the judicial level to analyze the shortcomings of our visitation system.From the case for protection of the interests of the minor children,the sequence of the scope of the body of the visitation rules not comprehensive and fuzzyrelationship,the exercise of the visitation right contents that are ambiguous,visitation suspension and standard is not comprehensive,the obligation of court cohabitancy imperfect,visitation to perform difficult situation and difficulties in six aspects,such as analysis of the defects in the visitation right system in China.The fourth part is the suggestion of compiling the civil Code of visitation right system.Based on the different defects of the visitation right system in China,this part puts forward some suggestions for the compilation of the civil code.Of the visitation right system in China civil code compiling suggestions mainly include paying attention to protecting the interests of the children,clearly the subject range and the sequence of visitation visitation,reasonable content,perfecting the termination and resumption of the visitation right standards,regulations and perfecting the court’s interpretation of the basic obligation,specification of six aspects,such as the enforcement of visitation.