The Visitation Rights System And Its Perfection In China

In 2001, China's marriage law was amended and the legislative system of visitation right was officially established. The legislative intent of legislators focused on to protect the legitimate rights and interests of the minor children and divorced parents. However, in view of the actual results of visitation right system in our country, it has not reached the best legal and social effect as hoped when been designed. The reasons consist in the flaws and shortcomings of visitation right system itself. In this paper, the author based on status of visitation system in China, did research and analysis of the visitation system, and then proposed suggestions to improve the visitation right system.The first part is about the nature and content of visitation right. Start from legal provision of visitation right in China's Marriage Law to expounded the concept of the visitation right. In view of the nature attribution and social attribution of the visitation right to discuss the theoretical basis for the visitation. On the base of the viewpoint of "Visitation right is not only a right but also an obligation?, to expound the nature of the visitation right. To analysis the positive significance of establishment of visitation right system in Marriage Law in the areas to protect the legitimate rights and interests for the minor children and divorced parents, to make the abstract visitation right to be concrete and more operational, to in line with the development trends in the marriage and family legislation. To expound the stipulations about visitation right system in Marriage Law in subject, content, and the suspension of the implementation of the visitation right system.The second part is about the study of several issues in visitation right system. After analyzing whether grandparents and maternal grandparents can become the subject of visitation right, the author proposed clearly that the grandparents and maternal grandparents of the minor children could become visitation right subject. As for the question about the simple stipulation of the visitation right suspension in Marriage Law, the author suggested to specify the suspension reasons so as to be beneficial for the justice practice, and analyzed the three subjects who can apply for the visitation right suspension one by one. For the exercise of the visitation right, the author suggested to further clarify the visiting manner, time and location, to avoid the deviations in understanding and the chaos in application. To ensure the exercise of the visitation right, the author recommended bringing the refusing to carry out the court's decisions as a legal reason to change the dependency right and introduce the moral damage compensation system.