Analysis On The Case Of Ai’s Visitation Rights Abuse

With the deepening of reform, the economy of our country makes a spurt of progress of development, rich material and cultural life of the people also change accordingly, consciousness of freedom have been greatly improved, the country under the rule of law construction and perfect for the citizens full rights freedom offers corresponding legal guarantee. But it is undeniable that economic development and some social problems appear, especially the high divorce rate. also especially to have minor child of the family, the dissolution of a marriage is not only relates to the couple, but the most important to the interests of minor children, for divorce cases, judicial practice in China is the most important questions in the present stage, based on the reality, in order to fully protect the interests of minor children, the marriage law of China in2001set up the system of visitation right, it can provide legal safeguard, with full respect for the parties, parents and the healthy growth of children is of great significance.The first part of this article is a case presentation with legal issues,based on the visiting right dispute case analysis, the second part, analysis on the case about children’s rights protection, visitation right subject, exercise, enforcement and other problems, third part, combined with the judicial practice to give reasonable judicial suggestions. In this kind of cases, we should fully understand the purpose of the visitation right, and make timely impartial judgment. The establishment of the system of visitation right is to achieve the best interests of children, balancing the interests of parties, to balance the relationship between rights and obligations, in order to achieve legal justice and social stability and harmony of. However, in the judicial practice process, did not achieve the original intention of the establishment of the visitation right, the main reason lies in the current legislation of our country has certain defects, which caused the judicial practice in the practical difficulties, therefore, this article unifies the case through to the visitation right main body, the exercise of the visitation right, enforcement and other to the comprehensive analysis of China’s current visit right defect and other related advanced legislative experience to give advice, in order to more conducive to protecting the interests and rights of children, a better balance of visitation right parties, better improve our legal.