| To establish the visitation right system is fill up the blank of the institution of marriage in our country,it's conducive to protect the minor child's best advantage that was living divorce family and the divorced parents' legitimate right,and it's also push forward the family civilization and social progress. The Present plight is the institution of marriage in force that stipulate the visitation right's main body too narrow to limit the legislation's guiding ideology and technology,it's suit for the divorced parents who are bring up their child indirectly,this rules have stray from the main purpose of visitation right,it isn't conform to the situation in our country ,it create the bepuzzlement of the correlative judicature practice for real,it's provides us an opportunity to come up with ideas better-improve it.This essay is according to the instances, from the existing legal rules to start, take apart of the visitation right's main system from practice and theory,talk about the visitation right's main system's defect,and provide the advice to consummate the visitation right's main system.Except introduction,this essay take apart for four parts.First of all,to introduce the cases. This part is introduce the origin of case, detailed content,people's claim and justification,the court's trial circumstances for once and twice.The second part is the cases'main dispute and the points at issue.This part is introduce the both parties of the cases have the dispute of the truth and legal issue,as well as the reason of difference.It's lead up to the detail proplems which this essay talk about.The third part is survey and analyze the visitation right's main system.This part included five contents:One is the review of visitation right thory.It's introduce the idea and kind of the visitation right;Two is the review of the visitation right's main system thory.This part explained the scope of the visitation right's main body in detail, the scope of the parents who have the visitation right,the grandparents'visitation right and the minor child's visitation right.Three is introduce the correlative legal rules of the visitation right's main system.It's a introduction for the legal rules of the visitation right's main system in other correlative nation.Four is the drawback of the visitation right's main system in our country.This part is introduce in base of legislation in force, analyzed the defect and deficiency which the visitation right's main system have.Part five is the advice for consummate the visitation right's main system in our country.Though the judicature practice and the legislation actuality ,advance to extend the main body of the visitation right,make sure the principle of"the minor child's best advantage",they will consummate the visitation right's main system in our country.At the end of the part,the writer sum-up the whole article,have a cognizance about this case that relate to the legal relationship,and sum-up how to take upon the correlative liability. |