The Discussion On Judicial Decision Of Visitation Right

In recent years, with the growing number of divorce cases, the number of cases involving visitation right's disputes is gradually growing. As <The Marriage Law of The People's Republic of China> is not specific and perfect on visitation right, there are lots of difficult to realize the right in practice. This paper, through a typical case, analyzes the problems in the practice of visitation right system, and compares foreign advanced legislative and judicial experience and analyzes visitation right to provide some suggestions for the judicial decision and future legislation. It mainly includes the following contents:The introduction part, through the case of visitation right's dispute about Mr. Li and Mrs. Li,leads to several problems on the visitation right system in judicial practice in our country, and does some relevant literature review to comb out the current research status, and analyzes the significance and value of the subject.The first part, about the basic theory of visitation right, discoursing upon the basic theory of visitation right, mainly includes concept and characteristics, nature, principle, function and significance.The second part, about the analysis of the status on visitation right in our country, discusses the lack of legislative status and practice operation present situation of the visitation right in our country. First, the suspension situation is not clear; secondly, the exercise is not specific;thirdly, it is lack of accesses to the protection system.The third part, about the investigation of the visitation right's legislation abroad, compares and analyzes foreign advanced legislative and judicial experience on the limitation, exertion and System security to take other's good points to make up our shortcomings, such as American changing monitoring system, spiritual damage compensation system, the establishment of "visit center" in French, and so on.The fourth part is about the analysis on improving the routes of visitation right. First of all,the suspension of visitation right may learn listed legislation, combined with the general legislation from Taiwan to improve. Second, the exercise of visitation right may learn ‘A parent time guide with children as the center' from the United States, the visit way should involve meeting, online video chat, letters, and so on; The time should be concerned about the special days such as winter and summer holidays, Spring Festival, birthday, and so on; Theage of children should also be a factor, too. Once again, the protection of the visitation right may be improved by strengthening the guidance education, introducing the changing of guardianship system, the spiritual damage compensation system, improving the third party assistance mechanism, increasing the obligation of visitation rights. Finally, returning to the case to analyze the case in the existing legal provisions of the processing, and put forward suggestions for improvement.