| After divorce, the patent who does not maintain children directly has the visitation right and the other parent has the obligation to cooperate. Now the number of divorce case still in increase year by year, and the Amendment of Chinese Marriage Law sets the system of visitation right, which reflects the spirit of love between parents and children and has important influence on advance of society. But there are much more shortcoming on the system, and the parents' right -standard is more powerful than best interest of children. So the research on the system can direct practicing.There are six chapters in this paper:Chapter one, state the system of visitation right in China, its international position and shortcoming. State the legal function and social function.Chapter two, discuss adscription of legal rights and responsibilities, and underline the Principle of Best Interests for the Child.Chapter three, state the legal relationship of visitation right, and analyze the subject, the object, and content of right.Chapter four, state the principle, the way and the form of exercising the right.Chapter five, analyze the right's obtaining, breaking, resuming and termination.Chapter six, state Enforcement of visitation right, and analyze its feature and principle. Then put some way of practice and suggestion.The conclusion aims at generalizing the central theme of the thesis , hope can make contribution to research the system of visitation right in China. |
