On The Legal System Of The Right To Inter-generational Visitation Rights

Article 38 of the original "Marriage Law of the People’s Republic of China"(2001)established the right of visitation system for the first time,but the right of grandparents to request inter-generational visits to grandchildren was not clear,which affected the court’s response Referees in disputes.Both the first and second review drafts of the "Civil Code Marriage and Family Edition(Draft)" responded to the issue of inter-generational visitation rights,but the third review draft on October 21,2019 and the "Civil Code of the People’s Republic of China" did not appear in the first review draft and the second review draft.Provisions on grandparents’ visitation rights across generations.At present,the "Marriage and Family Chapter" of my country’s Civil Code of the People’s Republic of China clearly stipulates the protection of the visitation rights of parents based on parental rights,but there are problems such as narrow scope of application,single application conditions,and vague exercise methods.Although there are cases in judicial practice that support disputes over visitation rights between generations,there is a lack of legal provisions and corresponding rights protection procedures.Therefore,it is necessary to comprehensively and systematically improve how to realize the right of visitation between generations.The author believes that this is a practical study,within the framework of the existing legal system,reasonable protection of the realization of the right of inter-generational visitation.However,due to legislative vacancies,the courts in various parts of my country often encounter difficulties in judicial operation when handling disputes over the inter-generational visitation rights,making it difficult for grandparents to realize the inter-generational visitation rights for grandchildren.Therefore,it is necessary to re-establish the inter-generation visitation rights of our grandparents and improve our country’s visitation system.In the traditional concept of family affection in the Chinese nation,there is a strong blood relationship between grandparents and grandchildren.The establishment of the inter-generation visitation right in the law can effectively guarantee the right of grandparents to visit grandchildren.This way,it is not only conducive to make up for the grandchildren’s emotional lack of grandparents in the growth process,but also satisfy The elderly’s emotional needs for "inter-generational relatives".In our country,the right of inter-generation visitation is a universal issue that has no legal basis.In a society where traditional culture that values ethics and affection has a profound influence,the handling of this issue will affect the quality and overall life of divorced families and harmony and stability of social relations.The thesis takes the establishment of the legal system of the inter-generation visitation right as the theme,and conducts a comprehensive analysis and discussion on this issue from the aspects of legal basis,legislation and judicial status.Although the mainstream academic view believes that inter-generation visitation rights can be incorporated into the visitation rights system to build a unified system.But analyzing the right of visitation between generations and the right of visitation,a legal system independent of the right of visitation should be established for the right of visitation.