On The Establishment Of The Right Of Visiting From Generation To Generation

Due to the promotion of family planning,the number of families with only child is increasing,and the family structure is changing drastically.Grandparents have become the main force to take care of minor children.However,the rising divorce rate has caused many disputes on the right of intergenerational visit.According to the Civil Code,only the parents who do not directly raise their children after divorce enjoy the right of visit,while the grandparents do not have the right of visit.As a result,some elderly who have lost their only child or son or daughter live alone in an empty nest in their later years.The first judgment on the dispute of intergenerational visitation in Jiangsu supported the request of intergenerational visitation,but there were obvious differences in views during the enactment of the Civil Code.Therefore,the first instance draft stipulates that the intergenerational visitation can be directly applied to the visitation system.The draft of the second instance clearly stipulates the specific circumstances of the application of the right of intergenerational visitation,but the draft of the third instance deleted all the relevant provisions of the right of intergenerational visitation.Studies,the constitution and the law committee said: "given the current various aspects has yet to reach a consensus,can consider to temporarily not stipulated in the civil code of every generation to visit grandparents,maternal grandparents,such as with direct child-rearing one party cannot agree,can be settled through litigation by the people’s court according to the specific circumstances".Centering on the suggestion of establishing the intergenerational visitation right system in China,this paper is mainly carried out from the following five parts:In the first part,through searching the key words of "visitation right" and "grandparent" in the Chinese Judicial Document Network,preliminary data analysis is carried out,and 36 relevant decisions are sorted out,which shows that the establishment of intergenerational visitation right system is in line with the needs of judicial practice.Then it introduces three typical cases in judicial practice,analyzes the gist of the court’s judgment,and puts forward the problems existing in the current judicial practice of the disputes about the right of intergenerational visitation,which serves as the practical basis for the analysis of the system of intergenerational visitation and leads to the establishment of the system of intergenerational visitation.The second part introduces the basic theory of intergenerational visitation,including its concept,characteristics and classification.The third part,elaborates our country intergenerational visitation system legislation present situation,academic circle dispute.The fourth part analyzes the necessity of establishing the intergenerational visitation system.First,it is conducive to the healthy growth of minors;Second,it is beneficial for the elderly to enjoy the "happiness of family";Third,it is conducive to the inheritance of excellent traditional Chinese culture such as "family tradition";Its 4,accord with the present situation of modern family structure.The fifth part puts forward suggestions on the establishment of the intergenerational visitation system,including the legislative principle,subject scope,procedure,suspension,protection and other aspects of the intergenerational visitation system,and provides specific suggestions for the establishment of the intergenerational visitation system in China.In short,it is necessary to establish the intergenerational visitation system,but the specific system should be fully investigated and regulated by the legislative body according to law.This article is for personal understanding only.In view of their lack of talent and knowledge,not deep,to be criticized and corrected.