On The Problems In The Enforcement Of The Right Of Visiting In China And The System

Involving emotional conflicts and family problems, disputes concerning visitation right are complicated and intricate.Besides fulfillment of parental duty, one of the main purposes of visitation right arising from the Child’s Best Interests Principle is to guarantee the growth of children from the following two perspectives, one of which is to make sure children will still be raised and educated by both parties even after the divorce of the parents, another is to guarantee parents who got divorced shall keep performing their responsibility for their children. And an effective way to achieve the purpose mentioned above is to require non-custodial parents to actively exercise visitation right. However, the Child’s Best Interests Principle not being fully reflected in the current legal system has been a serious problem to solve which the relative legislation along with execution procedure shall embrace certain flexibility when facing individual case. What’s more, to enhance the practicability, the current system must be refined.The first method adopted in this thesis is literature research which provides with abundant references involving related documents of sociology and law;The second method is comparative method. The thesis compares different legislations from Taiwan area and some typical countries from civil law system and common law system. The results of such research shall be a good reference for the development of our country’s related theory and legislation;The third method is empirical approach. Related cases and reports have been studied to reveal the current problems existing in China on the issues of visitation rights. And suggestions of improvement have been made in this thesis.The author raised following three solutions:the first is the introduction of visual visitation; the second is the introduction of supervised visitation under the help of the notice for assistance in enforcement; the third is the construction of different execution measures; the fourth is the promulgation of the writ of habeas corpus.