Problems And Suggestions About Visitation Right System Of China

Visitation right is originated in Anglo-American law system,which means the parent who don't live with his/her children after divorce has right to meet and communicate with children.Visitation right satisfies the nature that parents love children and fills in the emotion absence in children growing,so it's an important part of marriage system.China added visitation right by Marriage Law and Judicial Interpretation of Marriage Law I in2001,which provided legal protection for the persistence of emotion between parents and children after divorce.But,with the development of society,visitation right system has become more and more difficult to adopt to the need of judicial practice.This article attempts to interpret the meaning of visitation right afresh from the angle of theory,find problems of it from the aspect of legislation and judicial practice,introduce the relevant provisions of other countries and finally put forward specific measures to improve the visitation right system in China.Fist of all,this article starts to think and put forward questions by two specific cases in judicial practice,showing that with the development of society,special situations in marriage increased day by day,such as children of artificial birth and separation.visitation right is more difficult to adopt to the need of judicial practice,so we need to rethink the legislation and judicial practice of visitation right.Secondly,by interpreting visitation right from the angle of condition,function,right nature and history,pointing that visitation right is more a duty of parents and other relatives to protect children than a right of parents.Thirdly,analyzing the present situation of visitation right in China from the legislative and judicial aspects,we would found it exits problems such as not enough attention to interests of children,narrow subject scope and weak relief method,which so seriously affected the role play that made it not come true after the court decision.Finally,by introducing visitation right of other countries such as Germany,Britain,the United States and Japan,the article extracts the common ground to provide something to learn for the development of visitation right in our country.Based on this,the article puts forward some measures for perfect the legislation design,such as the principle of the best interests of the child,extension subject scope and definition reasons of terminating,but also some measures to improve relief methods,such as social assistance in execution,modify proceedings,spiritual damage compensation claims and changes custody.Hope this paper can provide some beneficial enlightenment for the operation and research of visitation right.