Brief Discussion On Visitation Right

Since the establishment of “Right to Visit” in Marriage Law,2001,the right to meet and communicate with the minor children for non-direct raising parents in the divorced family has been guaranteed through legal means.China's Marriage Law on the right to visit the provisions of both parents to meet their children are propitious to express concern and love of emotional needs,understanding of their children's learning situation and living conditions in-depth,fulfilling their obligations to raise and support their children in a better way,it is also a compensation provided by parents to their children because of the divorce and hurt,to promoting the development of their children's positive personality.However,due to the principle of the right to visit at the beginning of the legislation,the ever-changing judicial practice inevitably leads to the disjointedness of the legal provisions and the social reality,which makes it difficult for the visiting right system to play its legislative purpose.This paper intends to proceed from the new question of the right to visit in the judicial practice-the grandparents' right to visit and the right to non-local visit.Through the comparative analysis of the extraterritorial law and the principle of the Best Interest for Children,the author puts forward his own concept and idea to improve the regulation of right to visit from the perspective of legislative and judicial considerations.The main structure of this paper is as follows:The Introduction mainly introduces the theoretical significance and practical value of perfecting the right of visiting system,and describes and evaluates the research results in the field of visiting right and parent-child relationship,meanwhile,introduces the research methods,research ideas and innovation thoughts.The first part is mainly about the introduction of typical cases of the right to visit and the relevant legal issues raised.In this part,the author chooses the transnational dispute on the grandparental right to visit solved by the people's court of Yubei District in Chongqing,summarizes the fact of the case and the reasons of the referee,makes a reflection on the judgment of the court,and puts forward the new right of visit problem study.The second part is mainly about "whether grandparents entitled the right to visit" as core issue of discussion.In this part,the author makes a comparative analysis of the extraterritorial laws such as the United States,Germany and other countries under the existing legislativeprovisions and judicial practice in China.Combining with the legal nature of the right to visit,the jurisprudence basis,the ethical foundation and the social basis,the author discusses the necessity and legitimacy of grandparents' right to visit,and sums up the prerequisite for this right entitled by grandparents.The third part mainly discusses the problems in the practice of legislation and judicial,and the corresponding suggestions.This part summarizes the problems existing in the exercise of the right of visit places in China through the legislation analyses and the summary of the collected cases.At the same time,the author finds the comparative analysis of the way of exercising rights in the United States and Australia,and put forward suggestions on how to improve the right in China.For the conclusion,it is mainly about the evaluation of the typical case of the first,and the integration of dispersive proposals in second and third part.Through the presentation and analysis of above parts,this article has a clear context on the subject matter and the way of exercise about the right to visit.The first point of this conclusion focuses on the controversy in the court judgment,and makes an objective evaluation of the judgment from the point of view of this article.Secondly,based on the principle of the Best Interests for Children as the starting,this point sums up the second and the third part,to provide the proposals on improving the legislation system of right of visit,from the legislative principles,the subject of the right to visit,and the way of exercising the right in non-local visit situations.