On The Perfection Of The System Of Visitation Right In China

The establishment of the system of visitation right is the necessary requirement of the developing tendency of the legislation concerning modern marriages and families. The bill of amendment of the Marriage Law of PRC is in line with this tide. Based on the visitation right in Anglo-American law system, the amendment added stipulations on visitation right, which marked the primary foundation of the system of visitation right in China. This system is going to affect the growing up of children, family civilization, social stability and the progress of human beings. Theoretical drawbacks still exist in this system due to the limitation of time and experiences. Based on the analysis of the present system of visitation right in China, the author presents suggestions for its perfection, and tries to realize the progress from practice to theory.This thesis is divided into three chapters.Chapter one is the explanation of the basic theory of the system of visitation right in China. Four parts are included in this chapter.Part one is about the concept and basic characteristics of visitation right. The right is defined as the right of the parent who does not foster the children directly to contact, meet and communicate with the children after the relief of marital relations, and the parent who directly fosters the children is responsible for assistance. The characteristics are summarized as the certainty of gaining, the exclusion of the subject, the non-property of the content and the non-deputization of execution.Part two is the discussion on the quality of visitation right. It is concluded that"The visitation right is a kind of right, and is aimed for the parent who does not foster the children directly; for the immature, visitation is the responsibility of the parent who does not foster the children directly and can not be abandoned at will."...