Visitation Right Analysis Of The Theory And Practice

From the angle of children's benefits, visitation right is different from parental right and guardian right. The visitation right reflects more property of obligation. The stipulation of visitation right in Chinese law is in principle and probable , so, there are lots of problems appear in our legal practices. To compare with foreign law, our visitation right has disadvantages in its starting point, stipulation of subject, suspend, and enforcement of judgement. We should consummate the legislation of visitation right, establish our own parental right system, and expand the subject of right and duty. We should definite the content of visitation right and establish the damage remedy system. There are many answers to why it is hard to trial and carry out the visitation right cases. But we can use the experiences of other countries for reference. Our marriage law should further definite the content of visitation right and expand the subject of visitation right. Our law should give enough protection to the children and their parents.