The Legislative Analysis Of Visitation Rights

With the change in people's concept of marriage and child-bearing, the amount of the children born in unmarried condition is increasing continuously. One of the significant points for legislature in this new era is thus to strengthen the legal protection of this vulnerable group in society. The tasks around this issue include substitution of the discriminative concept of children born in unmarried condition with "one's own children" , setting up a system for adopting the children born from unmarried couple, and solution to the problem of identifying the father of the children born in unmarried condition. Besides, it also needs to enlarge the current interpretation of stepparents and stepchildren in China, and define the relation of the children born in unmarried condition with the parents as that of stepparents. Meanwhile, establishing the right of the unmarried parents visiting their children and the cooperative obligation on the part of stepparents are important .The amendment of marriage law has established the system of visitation right which was not founded in marriage and family system before. However, it is very difficult to realize the visitation right in the practice since then . Personal right has its own characteristics, sharply different with other legal rights such as real right. Under the principles of fully considering the affects of traditional culture and the characteristics of visitation right, the visitation right system should be further perfected.Abnormal relationship between parents and children is the important component part of relation between parents and children. It is in a state that is hard to protect the interests of children. However, there are many problems in legislation and administration of justice, which researchers seldom pay great attention to. To find the problem and their reason to provide corresponding ways. Marriage Law after being revised has stipulated the visitation right of parents, which has filled in the blank on family law of our country. However, it is not very perfect, especially lacking the regulation on whether parents enjoy the visitation right and whether it can be given up. Therefore it is suggested in the article that we should make the clear regulation on questions as for the visitation right to make family law of our country more perfect when revising Marriage Law or making Civil Code.