Research On Legislation Construction Of Intergenerational Visitation Right System

Since the right of visitation was incorporated into the Marriage Law in 2001,the rig ht of visitation has attracted much attention.At the beginning of the establishment of the r ight of visitation,people paid more attention to the right of visitation of the parents of min ors.As the aging of the population becomes increasingly serious and the phenomenon of“close relationships across generations” caused by the change of family structure become s more and more prominent,the benefits of intergenerational visit of grandparents and ma ternal grandparents gradually come into people’s eyes.In October 2019,the Constitution a nd Law Committee of the NPC deleted the provisions on the right of intergenerational visi tation from the draft of the Civil Code on Marriage and Family(the third review draft)(he reinafter referred to as the "third review draft")on the grounds that "no agreement has bee n reached yet".In the end,there was no relevant provision in the civil Code,which arouse d heated debate in academic and practical circles.The right of intergenerational visitation based on the right of relatives of grandparents has a profound legal and practical basis.If i t is not established in legislation,it will go against the protection of the rights and interest s of the elderly and is inconsistent with the legislative purpose of marriage and family law.In order to better promote the physical and mental health of minors and protect the rights and interests of the elderly,we should explore a set of intergenerational visitation system t hat is suitable for China’s national conditions on the premise of conforming to social need s and meeting the purpose of legislation.The thesis mainly consists of three parts.Part One: expounds the necessity of the inte rgenerational visitation right entering the legal system,and concludes that the establishme nt of intergenerational visitation is imperative,and the improvement of the legislative con struction of intergenerational visitation is the primary task to solve the disputes of interge nerational visitation.Part Two: On the basis of analyzing the domestic and foreign legal q ualitative theory of the intergenerational visitation right,this paper defines the nature of in tergenerational visitation right in our country,in order to better lay the tone for the subseq uent legislative construction.Part Three: Legislative conception of the right of intergenera tional visitation.This part uses the comparative analysis method,based on the reference o f foreign legislation and the comparison of the similarities and differences between the rig ht of visitation and the right of intergenerational visitation,the legislative conception is car ried out from three aspects: the subject of the right of intergenerational visitation,the conc rete exercise and restrictions of the right of intergenerational visitation.