The Improvement Of The System Of Visitation Right Law

In April2001, the visitation right was written into the new “marriage law”for the first time. Whichfilled a vacancy for a long time of visitation right system in China, determined the importance of thevisitation right system and protected the legal rights of the nondirected side in divorced family and theminor children’s physical and mental healthy growth. But the visitation right system in our Country hasbeen established for more than ten years. Compared to other law system, it’s a very short time. There are alot of special cases lawmakers which have not been given, so the rule of law and the reality in many caseswill inevitably exist disjunction phenomenon.Disconnection between law and dispute resolution, result inmany problems in applicable law. In order to solve the problem of visitation right disputes better,we needto continuously improve the visitation right system.In addition to the preface and epilogue, this article is divided into four parts.The first part, theoretical overview of the visitation right. This section is to define the visitation of thepaper, the concept, characteristics, natural and to simply analyse the value of the visitation right system.Visitation right originated in Anglo-American law system that is refers to the divorced parents which onedoesn’t live with children can have the rights of minor children. Based on the parental right, visitationrights has its identity and attribute. And its content is not property. It is not only the right in law but also theobligation. It is the unity of the right and obligation. Both parents are the subject of the visitation right.Nondirected parent has the obligation to visit child and the directed side only need to give a help. Andminor children is just the subject in law.The second part, the present situation and problems of visitation right in our legal system. This sectionanalyses the defection of our visitation right system on the basis of introducing visitation right system inlaw in our country. It mainly includes the setting out of the visitation right system legislative purpose, thelimited main body, visitation restrictions, lack of tracking relief during the implementation of the guarantee,lack of legal protection about the visitation to exercise. These shortcomings not only partly hinder theexercise of the rights, but also violate the children’s best interests of the important principles. Part three, the suggestions of perfecting our country’s system of visitation right. This part mainly aimsat the flaws of the visitation right system in China. Through learning from foreign countries’ visitation rightsystem, and mixing with our country’s actual national condition, this article proposes the correspondingimprovement suggestions. Such as expanding the subjects of the visitation, especially to grandparents,maternal grandparents visitation, and also stating the theoretical basis of related suggestions like givingchildren access, etc. Besides, this article clearly gives the related standards and factors throughinvestigating the foreign institution. For example, what is “the best interests of children”. All these thingshave enhanced the operability of the visitation right system in our country in judicial and comprehensivelyprotected the interests of minor children and the divorced parties.