Study On Issues Of Visitation Right Enforcement

The enforcement of visitation right is the last resort that the affection between the indirect supporter and her or his minor is maintained after the end of the marriage relation.Summarizing the dilemma encountered in the enforcement of visitation right based on the basic theory of the enforcement of visitation right and relevant legislation and judicial situation in China,this paper takes issues of the enforcement of visitation right as study's object and puts forward to law tentative idea on solving predicaments of the enforcement of visitation right in our country by learning form foreign relational legislations and practical methods.Excluding the introduction and conclusion,this paper consists of four parts,a total of more than 21,000 words.The first part focuses on exploring the basic theory of enforcement of visitation right,including the concept of the visitation right,the scope of the execution applicant of the enforcement of the visitation right,the obligations of the executed person the enforcement of visitation right and subject matter of the enforcement of visitation right?The second part mainly analyzes the dilemma faced by the enforcement of visitation right in our country.In the enforcement of visitation right case,the execution office are faced with double troubles.First,external constraints are caused by man-made,such as rivalries of the executed person visitation refused by minors and so on.Second,the legislation is imperfect,such as general related legal provisions,lack of practical operability and so on.The third part mainly investigates the enforcement of the relevant legislations on extrajudicial visitation right.Through detailedly introducing and analyzing the relevant provisions from the United States and Germany,the author desires that their advanced legal system can be absorbed to us?The fourth part mainly poses perfect vision of the legal system about the enforcement of visitation right in our country.For settling our country's dilemma faced by the enforcement of visitation right,the author offers corresponding suggestions on the principles of the enforcement of visitation right,starting-point of the course of application for execution,the obligations of the auxiliary marshal,the suspension or termination of the execution,implementing measures and so on,which is on the basis of studying and analyzing the first three parts systematically.