The Research On The Visitation Rights System In Our Country

In recent years, as the divorce rate increased year by year, the disputes of Visitation Rights are more and more. Visitation rights is a new contention in law of marriage, which provide a legal basis on solving problems in the judicial practice. No doubt, visitation system carries significant theoretical and practical importance to handle divorce disputes, maintain social stability, and construct a harmonious society. But seven years of practical experience shows that the "Marriage Law" only makes principle stipu1ation about the right of visit. In the judicial practice of some shortcomings, marriage and family do not meet modern trends in the development of legislation. The main of Visitation Rights is too narrow, not only directly to child-rearing parents, but other people do not enjoy the right to visit. Children will be excluded from the scope of the right to visit, and denied the their children as the main of Visitation Rights. Grandparents and other close relatives have no right to exercise the right to visit . It does not require the main of Visitation Rights in unmarried situation . For example, The law does not expressly provided that Marriage has been declared null and void, the marriage was abolished, and the lifting of cohabitation. Non-normal parents after separation, The law does not directly provide if the parents have the right to visit after parents non-normal separation. Because the content of the Visitation Rights is not clear and the rights and obligations are too general , it is not only easy to dispute and lead to the exercise of the right of misconduct, but also affects the children living together with the side of life . Because of the suspension of Visitation Rights lack of clarity and workability, it has a great judicial practice of arbitrary and could also result in abusing of the system of the suspension of Visitation Rights. Visitation Right enforcement system is not perfect enough and the main obligations of enforcement is not clear. The law does not provide for enforcement procedures, so the operation of the judicial practice enormous is difficulty. Advocates from countries outside the region and the legislation with the provisions of China's national conditions, advocates established principle of giving priority to the interests of children and, under the guidance of the principle, the establishment of China's national conditions for the visit of the legal system. It includes that expand the main of Visitation Rights, make the content of Visitation Rights specific, stay clear of the statutory of Visitation Rights and visitation will be the enforcement of statutory.