On Visiting Rights

The visitation right was regulated in the amendments of the Marriage Law of the People's Republic of China in 2001. It fills in the gaps of legislation and completes marriage and family system of our country. It is no doubt that the system of visitation right provide legal basis for solution of family disputes in judicial practice and is beneficial to the protection of rights and interests of under-aged children and divorced parents. It is of great theoretical and practical significance in the construction of harmonious society. However, since the implementation of visitation right in China, it fails to achieve the same effects as was expected. The reason is that it brings many judicial difficulties due to its over-generalization and deficiency in operability.This paper, beginning with the implication and essential properties of visitation right, based on comparative analysis on Chinese and foreign visitation right, indicates the deficiencies of Chinese visitation right in some aspects, such as orientation of legislation, content, and enforcement. Furthermore, some suggestions are put forward on how to perfect Chinese visitation right according to the situation of our country, including principles of ensuring children's maximum benefits, proper enlargement of main part of the visitation, specific provisions of its content, and improvement of its execution provisions.