On The Perfection Of Visitation Right System In China

In 2001,when China revised the Marriage Law,the visitation right system was established in the law for the first time.The establishment of this system has supplied a gap of the marriage and family system in our country and makes the marriage and family system more perfect.Compared with before,the visitation right system offers a legal basis for resolving some disputes in judicial practice and protects the legitimate rights and interests of minor children and divorced parents,which is of great significance to explore a path of harmonious society.The Civil Code,which put into effect on January 1,2021,further affirms this system.However,the visitation right system is not perfect.Since the implementation in our country,the legal effect is not satisfactory.The reason is that the provisions of visitation right system in our country’s legislation is more general and hard to operate,which makes troubles for judicial practice.According to the concept and nature of visitation right and on the basis of drawing lessons from foreigner visitation right system,this paper finds that the visitation right system of our country has some defects in the aspects of the starting point of legislation,the subject of visitation right,the way to realize visitation right,the reason for suspension and the implementation of visitation right.Then,according to the practical situation of our country,the author puts forward some suggestions to perfect the visitation right system in our country.The main body of this paper is divided into four parts.The first part mainly elaborates the concept,characteristics and nature of visitation right.The author further studies the definition of visitation and the institutional value of visitation right.This paper holds that visitation right is special in time,limited in subject and non-property in content.It is both a right and a duty for parents who do not directly support their children.The establishment of visitation right system protects the rights and interests of minor children,is conducive to the realization of parental rights,and is more conducive to solving family disputes and maintaining social stability.The second part discusses the legislation,judicial status and existing problems of visitation right in China.Firstly,it introduces the legislative evolution and legal provisions of visitation right in China,and then introduces the types and disputes of visitation right disputes in judicial practice.Finally,it summarizes the deficiencies of visitation right system in China at present stage.These deficiencies are mainly reflected in the legislative idea,the subject,the realization,the cause of suspension and its implementation.The third part introduces the visitation system of several other typical countries.According to the establishment time and perfection of visitation right system,the common law countries are represented by the United Kingdom and the United States,while the civil law countries are represented by Germany and France.By understanding this several countries about the legislation survey of the visitation right and development process,we can find a lot of differences with the visitation right system of China,such as clear legislative principles,more broad body of the visitation right,more diverse implemented way,a lot of in the implementation of the measures,such as to perfect the system of visitation right in our country to provide some enlightenment.The last part is aimed at the concrete problems in the visitation right system of Our country,draw lessons from the relevant legislative and judicial experience of other countries,and put forward suggestions to improve the visitation right system of our country.These suggestions include establishing the principle of "best interests of children",broadening the scope of application of visitation right,expanding the subject scope of visitation right,clarifying the specific content and realization of visitation right,clarifying the legal causes of visitation right suspension and improving the implementation system of visitation right.