System Of Visitation Rights Suspended

The suspension system of Visitation right is in order to ensure the minor children’s physical and mental health are not violated in the process of visit, and protect biggest the interests of minor children. After the parents’ divorce, it can promote the emotion and communication with the minor children if the not directly support one visits their children, so that children can also enjoy the love of the parents after they divorced, which is conducive to the development of minor children’s physical and mental health. However, the behavior of the parents is not always necessarily in the united front of children’s interests. When not directly support parent make unreasonable behavior in the visit process which is harm to children’s physical and mental health, we must suspend its right to visit to protect the interests of the child in the greatest extent. The suspension system of Visitation right is based on children’s interests, and ensure not directly support parent cannot be arbitrarily deprived of visitation right, to meet children’s emotional needs for the care of both parents, while ensuring that children are visits interests will not be harmed at the same time. Therefore, the suspension system of visitation right is very important. The author tries to use the method of literature analysis, comparative analysis and other methods, from the existing provisions of the suspension system of visitation right, and compares with foreign countries (regions) legislation, to analysis the lack of our current suspension system of visitation right, and then propose amendments, perfecting the suspension system of visitation right, in order to better protect the interests of minors.Our existing legal provisions sets the legal subject of the suspension system of visitation right is the people’s court, no one has right to suspend not directly support parent’s visitation right in addition to the people’s court; The request subject of suspension of visitation right is\minor children, directly bring up the children’s father or mother and other legal guardian who should raise and educate the minor children; The legal reason of suspension system of visitation right general provisions as "is not conducive to physical and mental health of children"; The statutory procedures of suspension system of visitation right is that the people’s court makes a suspension of visitation rights after listening to the views of ruling parties. Although our suspension system of visitation right can protect the minor children benefit to a certain extent, But by contrast with the limiting system of the vitiation right of the United States, Germany, France and other countries, we can find that we still have many shortcomings of the suspension system. The request subject is unreasonable, in the practical judicial practice, we can’t expand the request subject so that we can’t ensure minor children’s physical and mental health; the suspension reasons are too general, which is not conducive to the court to apply in the actual case, also is easy to cause the abuse of direct support parent using the suspension, the most important is, cannot warn visitation right people; the legal procedure is too simple, to guarantee the absolute justice program; the suspension system of visitation right system doesn’t set enforcement provisions for the visitation right people, which is unable to ensure the implementation of the suspension system of visitation right. In this paper, we try to improve the suspension system of visitation right from various aspects like the legal reasons, the claimant and the statutory procedures, and propose the enforcement suspension system, to which makes a contribution to protecting the best interests of children.