The Perfection Of China’s Visitation Right System

Based on the Human-oriented Policy and the Principle of Best Interests ofChildren，the visitation right is established in the current Marriage Law of our countrysince2001, which plays an important role in protecting the legitimate rights of theminor children, regulating social contradictions, and securing the stability of familiesas well as, the harmony of the society. However, due to the unspecific regulations ofthe legislation, there exist some difficulties in the operation of visitation right cases injuridical practice, and related conflicts and disputes cannot be perfectly solved.Therefore, deepening the theoretical and practical study of visitation right system isvery meaningful.Taking the status quo of china’s legislation and judicial practice of visitation rightsystem into consideration, applying the methods of systematic analysis andcomparative analysis, based on the fruits of the distinguished law-makers, this papercomes in five parts to present an overall study of visitation right system.Part One：the Raising of Visitation Right. This part puts forward several cases tolead into the discussion of visitation right and analyze the legal problems on visitationright reflected by these cases, trying to provide a practical base for the elaborationbelow.Part Two：Theoretical Elaboration of Visitation System. This part is the concreteelaboration of the visitation right system: firstly, introduces the concept and legalfeatures of visitation right system from angles of connotative meaning and denotativemeaning; secondly, presents different opinions of the academic field, mainlyincluding the theory of the right, the theory of the obligation, the bi-directional theoryof the right and the obligation；thirdly, states the functions of visitation right system inthe aspects of the maintaining of human-ethical relations and the forming of thedispute-solving mechanism of visitation right.Part Three: An comparative Analysis of Foreign legislation. This part provides adetailed introduction of the typical legislative contributions on visitation right of thecommon law system and the continental law system, as well as their lengths, whichcan be references to the perfection of visitation right system in our country. Part Four: the Comments and Analysis of the current visitation right system inChina. This part suggests the flaws of the current visitation right system in Chinabased on the study of marriage and family law，from the aspects of guiding principle,subject, content, suspension, and execution, including the lack of guiding principle,the imperfection of the subjects to have visitation right, the incompletion of thecontent of visitation right, the insufficient regulations on suspending visitation rightand the lack of implement feasibility.Part Five：the Legislative Completion of Visitation Right System in China. Thispaper puts forward pertinent and practical perfection suggestions to overcome theflaws raised above. There mention six measures in this part to protect the rights of theparents and children, including the settlement of the Principle of Best Interests ofChildren, the enrichment of the content of visitation right and obligation system, thecompletion of the regulations about the reasons and conditions of suspendingvisitation right, the design of implementing procedure in the dealing of practicalvisitation right cases, and the fulfillment of the relieving measures of visitation rightsystem, including the appliance of moral damage compensation system and theperfection of relative procedures about visitation right system.