The Study Of Grandparents’ Visitation Right

Visitation right system is a system in our new version Marriage Law. According to this system, after a divorce, one parent who is not directly dependent children has the right to visit their children. With this system, the contacts between the children and their non-living parents are protected, emotional communication between parents and children are also more smoothly. This is not only good for children and parents, but also relieves a lot of family conflicts due to divorce. However, for our traditional national conditions, grandparents and grandchildren have a close relationship. The grandparents also need to visit their grandchildren. In judicial practice, there are also a lot of such disputes. Because the law does not explicitly whether grandparents enjoy visiting rights and the court judgment on such dispute is not consistent, so it is necessary to research on this issue.Besides the introduction,this article is divided into five parts.The first part through the first generation of insulation on visitation right disputes and so on three classic case, which leads to the judicial status of grandparents visit disputes in our country, points out that the urgent need for a unified such cases the referee standard.The second part is the theory of the visitation right system in China, the first section discuses the definition of visitation from subject, object, content three aspects, analyze which case grandparents shall enjoy the right of visit; the second section is The nature of the visitation right; the third section is for the purpose of the visitation right, this right is not only beneficial to the healthy growth of the children, also meet the needs of the parents involved in their children’s physical and mental development, the emotional communication with children.The third part is extraterritorial legislation, this section introduces the several typical countries outside of subject of visitation right and the exercise of legislative restrictions. We can see that many countries allow grandparents as a subject of visitation right, and give some restrictions to the exercise of the visitation right. Through the analysis of foreign legislation, it can help us find out what to learn about grandparents visitation.The fourth part is subject of visitation right legislation in our country and evaluation of it. The subject of the visitation right in our country is a single, through the evaluation of subject, further elaborated grandparent visitation right of rationality. It also talks about restrict of the exercise of the visitation rights.The last part is to build a grandparent visitation right system in China. Visitation Rights play an important role for the maintenance of the relationship between the two generations after the divorce, and giving grandparents visitation right is reasonable under certain conditions. Of course, the establishment of this system should follow certain principles. On the basis of these principles, this paper puts forward the specific grandparent visitation right system in China.