The Realization Of The Visitation Right Of Divorce In China

In today’s rising divorce rate, visitation right disputes increasing attention, and the marriageregistration authority in the divorce agreement between parties to form examination of the provisions of thevisitation right only, appear easily the stipulations of the visitation right is unknown or inappropriate, burieda hidden danger for the visitation right disputes in the future. At the same time in the divorce agreementabout the terms of the visitation right unconfirmed does not have legal execution, cannot apply forenforcement in accordance with the law, only in the lawsuit as a trial basis, this undoubtedly waste a part ofthe administrative and judicial resources. Only solve the visitation right disputes way litigation in ourcountry, this not only makes the court burden, and by the parties under great psychological pressure, alsodoes not favor the minor children’s physical and mental health. How to control the happening of thevisitation right disputes from the source, we need to divorce in the visitation to rethink how to smoothrealization issues.This paper is divided into four parts:The first part, divorce agreement in China are summarized in the legislative status quo of the visitation,the types of disputes and the present situation of practice. Visitation in the divorce agreement content in ourcountry is uneven, there is not in conformity with the law, also has does not conform to the reality,registration authorities did not have the effect of substantial examination and confirmation visitationagreement caused chaos, is not conducive to the late of the visitation. Visitation when occurrence dispute,only looking forward to the courts. Lots of visitation right disputes into court, caused a burden to the court,and visitation long-term, repetitive features that the situation is not optimistic.The second part, introduces the outside protocol program mode to realize the visitation of divorce.Through the analysis of comparative law, can be found outside the divorce agreement in the realization ofthe visitation right main litigation referee and the non-lawsuit solution dispute, directly apply for the threekinds of modes, and analyzes each of these three kinds of modes and discussed in this paper.The third part, from the ability to deal with and resolve disputes, income and cost, client satisfactionand social effect three aspects to carry on comparative analysis to three models, which model more suitable for our country.The fourth part, according to the actual situation of our country, in accordance with China’s nationalconditions of the visitation right directly apply for execution mode. Give the registration organ forexamination as to substance of the visitation, confirm the duty and other effective measures of perfectingour country’s visitation implementation program. Including specification visitation in the divorce agreement,strengthen the business registration of personnel quality, allowing a repeat apply for visitation, measuressuch as to further guarantee the smooth realization of the visitation right in the divorce agreement.