Research On The System Of The Right Of Visiting In China From The Perspective Of Comparative Law

Although the current Marriage Law has prescribed the system of visitation right, there still exist loads of problems in practice because of its being a non-native product and the weakness of relevant theoretical researches and defects concerning the system design. Therefore, there is a strong need for us to carry out a thorough theoretical analysis and comparative investigation, so as to add spice to legislation and law enforcement.The text consists of four parts, with a total of 30000 words.The first part: the legal basis of the visitation right system. After combing and comparing the theoretical origin of visitation right system at home and abroad, we have come to a conclusion that the visitation right system also has a profound theoretical foundation in our country, thus laying a solid foundation fo its comparison, improvement and reinforcement.The second part: the comparative analysis of visitation right system. This part consists of three aspects, including the body, content and relief of the visitation right. On the basis of the Civil Law System of Germany and France, the Common Law System of Britain and the United States of America, and the existing laws and regulations in use in our country, the basis for improving the visitation right system has been set, not blindly, but rationally.The third part: the problems regarding the visitation right system in our country. Theoretical researches and comparative perspectives will ultimately serve practice, and promote the development of practice. Based on the theoretical basis of the visitation right system, by combining the foreign legislation experience and the reality in our country, this part analyzes the problems to be settled urgently in the visitation right system in our country, so to improve the legal system.The fourth part: the improvement of the visitation system. This part takes as the framework the above-mentioned theoretical basis and the comparative analysis, and comes to the conclusion that the visitation right system in China should be improved in terms of the body, content, and relief: the ultimate nature of the visitation right system is the common parental power; the children, and relatives within the parental power range can all be the body of the visitation right; In the process exercising the visitation right, we should stick to the rudimentary principle that children’s rights should be maximized; On this basis,we can arrive at the conclusion that the visitation right is not a superficial one,bust should also be the unity of relevant rights and obligations with real content;Termination for the visitation should be carefully and appropriately applied, and due efforts should be made to expand the discretion of the judge.