The Study Of The Subject System Of The Visitation Right

Marriage Law of the People's Republic of China(hereinafter referred to as the Marriage Law)revised in 2001 firstly states the right of visiting in the level of national legislation,filling up the blank of Marriage and Family Law.The modified version plays an active role in maintaining the interest of minor children,protecting the legal right of divorced parents and adjusting family conflict as well as promoting social harmony,etc.However,due to the limitation of legal technology and lack of reorganization to the right of visiting,the current Marriage Law suffers many problems in regulating the subject of the right of visiting,such as the governing principle is short,the subject of right is too narrow and the applicative legal situation of the right of visiting is unreasonable,which leads to many confusion in dealing with related cases during juridical practice.The paper focuses on the current situation of legislation and juridical practice of the subject system of the right of visiting in China.With living examples as foothold and based on previous research results,it discusses and analyzes the defects of the subject system of the right of visiting and puts forward many suggestions for improvement,aiming to provide reference for later researches.Besides the preface,the paper includes five parts with words reaching 21,000.Part 1: Topic to discuss.This part introduces the subject system of the right of visiting via specific cases and analyzes the legal questions reflected,so as to draw forth the discussion on the subject system in later part.Part 2: Theoretical analysis of the subject system of the right of visiting.This part firstly analyzes the right of visiting in three aspects including basic concepts,nature and connotation and system and function,thus further examines and weighs the theorematical basis to determine the subject range of the right of visiting.Part 3: Introduction and evaluation of relevant legislation of the subject system of overseas right of visiting.It studies typical relevant legislations such as civil law system and common law system and summarizes advanced legislation experience of current subject systems of the right of law in various countries which are worthy of learning.Part 4: Legislation flaws and juridical dilemma of the subject system of the right of visiting in China.Combining the relevant legislation basis and juridical cases,this partanalyzes the legislation flaws and juridical practice difficulties of the subject system of the right of visiting in China,e.g The governing principle is short,the subject of right is too narrow and the applicative legal situation of the right of visiting is unreasonable.Part 5: Suggestion for improvement of the subject system of the right of visiting in China.Specific to the legislation flaws of the system,this part puts forward three suggestion for improvements,e.g.Confirm the “The Child's Best Interests Principle”,appropriately expand the subject range of the right of visiting and add the applicative legal situation of the right of visiting.