On The Improvement In The Visitation Right System In China

The visitation right is established in our current marital law in pursuit of the"protection and guarantee of minor children's interests". However, with limited environment and techniques for legislation, the visitation right system remains flawed in many aspects, which has restrained the value of law. This article elaborates on existing defects in China's legal rules involving the visitation right and forwards suggestions for relevant improvement. Apart from Introduction, this article approaches the visitation right system from four aspects. The first is an outline of the visitation right system, which focuses on the confine, conception, nature and legal characteristics of the visitation right, and demonstrates the legal value of such system. The second part examines relevant legislation in different legal systems. It proceeds from laws of both the continental and common law system, while summarizing the emphasis and features thereof, and points at useful spirit of legislation for reference. The third part looks closely at the existing visitation right system of China. It first identifies some significant inadequacies in the visitation right system, based on current laws, and then analyzes them in terms of children's maximum interests. The last part contains legislative proposals concerning difficulties in the trial of divorce cases involving the visitation right. To be specific, the first is to enlarge the scope of subjects to apply for a visitation right, that is, to expand the qualification whereof based on the original purpose of such right. The second is to further define the content of the visitation right. The third is to improve rules on the suspension of the visitation right. The last is to formulate a system for executing the visitation right, which means to stick to several principles and take action according to different situations. The Conclusion part makes a summary of the article, and puts forward reasonable recommendations for the improvement of the visitation right system.