Thesis On The Visiting Right Of The Grandparents In Our Country

It has been sixteen years that the legislative system of visitation right was officially established, but until now it’s uncertain whether we should amplify the person who have the right to visit the minor children. In China, because of our traditional situation and the legal awareness of the old, the old also have the visiting requirement to visit the grandchildren based on the deep emotion between the old and grandchildren. In judicial practice, the Court have different judgments too on the old’s visitation right because the law hasn’t specific rules about this question, so it’s necessary to study it. Except preface, this dissertation is included four big parts. The first part is about bringing out the question by typical cases. This part focuses on the judicial situation by listing on the different judgments about the same requirement, so we need to study the old’s the legislative system of visitation right. The second part is about dialectical relationship of the old’s the legislative system of visitation right. This part debates the dialectical relationship of the old’s the legislative system of visitation right from the pros and cons of it. The last part is about the legal remedies the old’s the legislative system of visitation right. This part will debate the problem from establishing the principle of best interests of the child, the conditions of the old having the right to visit their grandchild, the old’s performing ways of the visiting right and the legal responsibilities to violate the old’s visiting right.