Visitation Systems Research

Visitation rights is a new contention law of marriage recently revised, which fill in the blank of marriage and family legislation in China. This article shows the value of establishing system of visitation rights for the need of justice practice, accordance with the relevant regulation of foreign law and the protection of the rights of children and parents. In the light of relevant legislations, academic explanations and trial practices in and outside China, the article also states systematically the meaning, subject, realization, exercising, discontinuance, resumption, enforcement of visitation rights and its relation with bringing up children and other related problems. To solve the problems of visitation rights' enforcement better, the article simply analyses the characters, difficulty and some problems needed to be paid attention of visitation rights' enforcement, and points out the defects of subject scope, discontinuance causes and compulsory enforcement which exists in Law of Marriage in China .At last, the article puts forward that the perfection of system of visitation rights in China should begin with expanding its subject scope appropriately; stipulating its contents definitely; adding some relief measures and enacting who should bear the assistant obligations in detail to offset the defects on the basis of current situation in China and legislation experience in foreign countries.