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The Legal Protection Of The Grandparents' Visitation Right

Posted on:2017-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:S Y GouFull Text:PDF
GTID:2336330488450893Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Though refer to the judicial practice to hear the case of the grandparent s' visitation rights and the legislation, theoretical debate, the trial summary, It can be found, At present, whether legislative or judicial practice departments tend to sure entity entitlements about the grandparents visitation right. However, How to guarantee the realization of grandparent visitation right, Operational difficulties justice as a result of lack of procedure, the Issues outstanding about the realization of the grandparents' visitation right. Grandparents Visitation Rights case is different from ordinary civil disputes, Grandparents when requesting the court to intervene in the case not only need to consider whether there is a previous visit right after a dispute between the parents and court intervention grandparent visitation right need to select the accordingly proceedings according to the characteristics of the case. Guarantee for the smooth realization of grandparent visitation right, Carried from the grasp of macro and micro level, we need to be clear the Methods and procedures of acquisition of visitation right, To determine the content and standards which need to review, Coordinate the relationship between grandparent visitation right with parental custody.The article is divided into four partsThe first part is “the current situation the legal protection of the grandparents' visitation right”. From the legislation, judicial decisions and relevant news the Visitation Rights, Combining academic discussion. It found that it is difficult to account the grandparents' visitation rights?Awkward position in the proceedings?The trial procedure is single and homogeneous, and so on. These problems led to the court in the handling of cases appear from nothing. Previous visitation right to get it difficult to meet the realization of the grandparents' visitation rights; Ordinary civil procedure cannot fully adapt to the characteristics of the visitation right disputes; What the standard should be follow at the time of the judge to confirm the grandparents' visitation rights; It need to be resolved the relationship between grandparent visitation right and parental custody.The second part based on the existing practices to achieve program of the visit, It Is more realistic combined with the legislation and the characteristics of disputes to analysis the proceedings to achieve visit right for grandparent, but in principle the trial can make the appropriate modifications. In addition, use the method of law hermeneutic to analyze the proceedings of obtaining the visit right for grandparents. On the one hand it is determined by analyzing grandparents not only can alone to the court according to the "explain(a) Marriage Law" but also can order the identity of third party without Independent Right to Claim is added to the visitation right litigation between the parents, the court may also decides the actions to be consolidated. Among them, the court has the interpretation obligation.The third part is the Proof of the action of grandparents' visitation rights. After the case Into the proceedings, to confirm the grandparents' visitation rights, the court's subject matter is divided into positive and negative grounds. For the healthy growth of minor children, I believe that the fact that it is a necessary condition for the right should be burden of proof by the grandparents, the positive subject that it is hampered the rights of occurrence should be proof by the guardian.The fourth part is "the balance of grandparents' visitation right and parental custody". The case of the realization of the grandparents' visitation right, the content of the proceedings includes not only the recognition of the rights also need to clear the content which can be realization of rights. Party having custody of their children is the other party. As the prerequisite which cause the dispute is the conflict between grandparent visitation right and parental custody. In order to better realization the visit right, in the course of proceedings, the relationship between the grandparent visitation right and parental custody must be coordinated through corresponding measures.
Keywords/Search Tags:Visitation rights, third party without independent claims, non-litigation procedure, the burden of proof
PDF Full Text Request
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