Research On Improving Legislation About Our Country's Visitation Rights

April 2001, the newly revised "Marriage Law" for the first time visitation rights written into the law, since to fill the gaps in the system of visits, establish the status of visit system in the marriage legal system for minor children after divorce increased physical and mental growth of a layer of legal protection. But the law in a subsequent judicial practice reveals many problems, visitation disputes still after another, access problems to the courts is not uncommon. During the trial, many issues are not able to be solve according to the existing access system.The judge faced with a dilemmaindealing with relevant cases.The fundamental reason is that China's current visit system flawed, the legal system is imperfect. For example, the visit of the main defects. China under the "Marriage Law" Section 38, paragraph 1 service provides:"After the divorce, the parent is not directly dependent children have the right to visit the other party shall have obligation of assistance." This provision directly deprived right of visits from people other than parents, when others asked to visit the children will have dispute pursuant to this provision, The children do not enjoy the rights of others to visit, which is not conducive to healthy growth of children, with visitation system to achieve the best interests of the children is contrary to the purpose. In addition, the right to stay there to visit, visiting rights and other aspects of enforcement of legal loopholes and shortcomings.Improving access system through perfecting legislation must be to achieve the best interests of children for the purse of divorce,to the healthy growth of minors,the goal of visiting rights to redefine the main body,expand the access of the main range of the dominant position of great importance to their children, clear suspension of fine reasons to visit,give full consideration to children subjective will, the protection of minors being; learn from foreign experience, to improve enforcement efficiency and to explore means of effective enforcement. While focusing on persuasion and education, as far as possible to achieve a relaxed and harmonious atmosphere to visit their children in order to achieve the purpose of achieving the best interests of children.According to the research of visitation system and the typical case at home and abroad,this article systematically analyzes the defects in visitation system of our country, profoundly understands the foreign visitation system and compares it with our county's,consequently, brings effective proposals to perfect our county's visitation system through legislation.