Perfection Of Visitation Right System And Our Country Legislation

China’s current "marriage" for the first time established a system of visitation right from the height of the national legislation, which plays a more active role in safeguarding the legitimate rights and interests of all parties concerned to regulate other aspects related to family conflicts. However, due to China’s relevant laws and legislation is not perfect, resulting in some of the emerging issues related to the handling of specific cases in the judicial practice, if these problems are not timely and effective treatment will affect the legitimate rights and interests of the parties. Therefore, the visit has the right system to study the more important theoretical and practical significance.This article looks at the status quo of China’s visiting rights legislation and judicial practice system, the use of comparative analysis method and system analysis method, based on the results of previous studies, studies on visitation rights system. Apart from the introduction part of the outer divided into five parts, a total of about 21,000 words.Part I: ask questions. This section is introduced by specific cases related to the right to visit to visit the tenure system and to analyze the case as reflected in specific legal issues-cohabiting parents with minor children can enjoy visiting rights. This leads to a discussion of the visit right after the text system.Part II: Visiting Right System overview. This section begins with a brief introduction to the legislative principles visitation right. Secondly, describes the basic features of visiting rights, namely the right to visit is a statutory right, in principle, be exercised by proxy and the unconditional nature of the three characteristics. Again, introduced the academic understanding of the nature of the right to visit some of the views of these ideas a brief analysis of this proposed that the author’s own views. Finally, minor children and parents from favorable emotional needs as well as to ensure the implementation of the system in three aspects discusses the significance of the visit right system.Part III: Legislative Review and Evaluation System of Visitation Right abroad. This section introduces the legislation civil law countries, Germany and France, the common law countries, the US and Australia about the visitation right system. Then these commonalities and differences legislation of the four countries analyzed, summarized the advantages of their visit tenure provisions, which draw on the experience of its legislation to promote the development and improvement of the system of visitation right.Part IV: the status quo of China’s legislative system and its lack of visitation right. In this part of the status quo of China’s legislative system visitation right to inspect its contents and a brief analysis. Think of visiting rights system mainly exists no clear principle of the best interests of the child, the subject was too narrow, visitation right way to summarize the exercise, the lack of examples of guidelines, suspend the subject too summarize the proceedings imperfect and inadequate execution proceedings shortcomings in six areas. Finally, at the conclusion, based on the results of previous studies on the causes of these deficiencies in a brief analysis, specific legal advice to later provide the perfect basis.Part V: Suggestions for visiting our right system. A limitation of this section for the fourth part of our visit right system, from the establishment of the principle of the best interests of the child, reasonable visitation right to expand the scope of the subject, the perfect exercise of the right to visit the French, specifically the right to suspend the subject visit, perfect Visitation Rights Cases proceedings and perfect execution of the program six Visitation Rights made some sound advice.