Research On The System Of Intergenerational Visitation Rights

Intergenerational visitation rights are narrowly defined as the right of grandparents to visit their grandchildren who are not yet adults and who do not live together.The right of visitation provided for in Article 1086 of the Civil Code is only a special form of visitation right,not a negation or limitation of other types of visitation rights.Intergenerational visitation rights are status rights,which are kinship rights under the concept of basic status rights and claim rights under the concept of derivative status rights.In the social context of an aging population and smaller nuclear families,the functional value of mutual visitation between relatives has become more and more prominent.At present,typical judicial normative documents and a significant number of judicial decisions have recognized specific types of intergenerational visitation rights to some extent.This paper adopts semantic analysis,value analysis and case study analysis for theoretical research,and argues that there is a need for legislation on intergenerational visitation rights.Drawing on overseas experience and based on China’s practice,we systematize the construction of intergenerational visitation rights from three aspects: legislative construction,procedural system protection and relevant supporting systems,with a view to promoting the balance of interests between the best interests of children,the identity rights of grandparents and parental rights（or custody rights）.This paper is divided into the following parts.The introductory section introduces the social background of this paper,the significance of the research in both theory and reality,the current status of domestic and international research on intergenerational visitation rights,and the three research methods used in this paper.The first chapter introduces an overview of the theories related to intergenerational visitation rights.This chapter starts from the concept of visitation right,clarifies the prerequisites of whether or not there is a restriction on the subject qualification of visitation right and its spatial and temporal interval,and then introduces the concept,nature and characteristics of intergenerational visitation right,and discusses the necessity of legislation on intergenerational visitation right from three aspects: ethical value,protection of individual rights and interests,and function for society（the state）.The second chapter introduces the current situation and main problems of intergenerational visitation rights.This chapter introduces the typical case of "different judgments in the same case",and then introduces the visitation right system in the Civil Code,and the provisions of typical judicial normative documents and relevant judicial decisions,and summarizes the main problems of the current legislation and judicial aspects of intergenerational visitation right.The third chapter introduces the systems of intergenerational visitation rights in the United States,Germany and France.It also provides inspiration and reference for the construction of the intergenerational visitation right system in China with the experience of related systems.The fourth chapter introduces the systematic construction of intergenerational visitation rights.This chapter discusses four kinds of legislative measures,three kinds of procedural systems and four kinds of supporting systems for the right of intergenerational visitation,with a view to establishing a standardized mechanism for the exercise and protection of the right.