On The Analysis Of The Visitation Rights Issues

In recent years,along with the development of our country's economy and the further deepening of reform and opening up, people's living standard has been greatly improved. However, the divorce rate in China is on the sharp upward trend. After the divorce, how to better support their children and grow healthily will become the focus of widespread concern. Based on this reality, visitation rights system was added in our country's Marriage Law in 2001, which facilitated face to face communication for the divorced parents and children. The fundamental purpose of the system is to achieve the best interests of the children, but in the process of judicial practice, it did not meet the original intention. The reason is mainly because there are some defects in our legislation, thus causing difficulties in judicial practice. According to the situation, the author goes through in-depth study of visiting rights system to further improve it both in theory and practice of great significance.The author use the systematic and historical research methods, through comparative study of the visitation right, discusses the visitation right system from the following four sections. The first section is from the concept and features of the visitation right, and then analyzes its own character, visiting belongs the scope of parental rights. which is vested in both a right and a duty; discusses the emergence and historical development process of visitation right from domestic and abroad separately, at last the author points out that the practical significance of the establishment and further improvement of visitation right. In the second section,the author discusses the legal basis for the existence of the visitation, from the affection ethical aspects and the scope of rights. visitation can make a good family maintained., The third Section begins by recalling the general situation of the United States, Germany, and China's Taiwan region on behalf of other countries and regions'visiting rights legislation, and then analyzes and compares the content of the main systematic visitation right, content, exercise, suspension, implementation, etc. horizontally which has a referential significance for the improvement of China's legislature.In the fourth section, the author uses systematic research methods, pointing out the basic framework and the defects existing in the visitation right system, discussing from the general guiding principles, subject, content, exercise, suspension and the implementation of the system, pointing out the deficiencies at all stages of visitation right, such as only considering the interests of parents, the principal part is too narrow, the suspension provisions are too general and simple etc. The five section, that is how to perfect the right system to build China's visiting legislative, against China's legislative shortcomings, the author targets the legal and judicial interpretation of legislation and puts forward various ideas, such as the form of legislation to determine " the principles of the best interests of the children "as the general guiding principle; to broaden the scope of the main body of the right to visit, to further clarify the reasons for the suspension of the right to visit and in accordance with the actual situation set out in the judicial interpretation. In the implementation of the visitation right, through persuasion and education, and enforcement of implementing the combination of harmonious relations between the parties to maintain the principle of reciprocity, another way is through the introduction of "moral damage compensation system," the foreign strict liability mechanism and other measures to protect the realization of the system of visitation right smoothly.