Comparative Research On The Visitation Right System Between China And South Korea

Along with the rapid development of culture and economy, the divorce rates among countries are racing with each other. The Chinese traditional marriage perception fades and divorce rate abruptly rises and divorce becomes popular as the increasingly deepened reformation. As a result, afterward visitation right disputes increasingly grow and bring adverse impacts on the children’s’ body and mental health condition, which needs adequately protection. Providing them with comfortable growing environment becomes an important consideration for the establishment of divorce system. In April2001, Marriage Law of the People’s Republic of China (2001Amendment) stipulated the right of visiting, which provides the basis of exercising the visitation right after divorce. Moreover, it provides the theoretical foundation for the children to enjoy the affection from both parents. However, abstract regulation brings enforcement difficulties in practice. Compare to China, the civil law and family litigation law of Korea have been amended for many times and stipulate that couples cannot divorce as long as the visitation right is not clear, which shows the government’s concern over the family issues and household policies.Other than the introduction and summary, this paper includes four major chapters and mainly applies comparative analysis to study the visitation right systems in China and Korea.The first chapter introduces the visitation right system and presents the concept, characteristics, properties, development and the current legislation status of China and Korea visitation right, which is the right of status that bases on parent-child relationship with the establishment purpose of protecting children’s rights.The second and third chapters fully state the specific content of visitation right system of two countries. Although it is a relatively short time period for Korea to set up this right for children, the strong influence of western common law system helped build up the principle of protecting children’s best interests; while since the Chinese traditional male-dominant ideology is still popular in society, it is possible that we take the children’s interest as a starting point to find the appropriate approach that provides protection for the right of children.Chapter four adopts comparable analysis to summarize the issues that are existing in juridical practice and legislation, such as principle and approaches of implementing, subject scope, suspending and execution issues, etc. in detail. At the same time, it is committed to learn from the superior practice and legislation experiences from Korea visitation right system.Because of less visitation legislation and practice, this paper draws the experiences and successful cases from Korea visitation right system and proposes that China should proclaim the best interest of the children in writing, further expand the subject scope and refine the content of exercising and execution of visitation right. Adequately protecting the right of single-family children is necessary and crucial for providing them a great environment that good for their mental development.