Study On The Right Of Visiting Issues

In our country,more and more family breakdown with the increas ing divorce rate.Minor children normally live with a parents' together after divorce.Our country formulated the Vi sitation Right System to ensure the visit ing behaviors of the other parents.Comparison of t he present condition of the family relat ions,there is insufficient and defect.It is mainly disp laying in :our country have implemented the family planning since 1971,more and more fa milies appeared the “421”family pattern,the relations of grandparents,maternal grandparents and grandchildren,maternal grandc hildren became more and more close and appeared wide range of every generation.But our law only rule the visitation right that belong to parents who don't live with their children after divorced,and it does not have a clear rules to the visitat ion right of grandparents,maternal grandparents,it make the disputes and problem b y grandparents visiting grandchildren to become more and more.In this paper,it analyze and explore the Right of Visit ing the Third Generational by the first Right of Visiting the Third Generational.This article mainly include the four part:The first part,it study on the Right of Vis iting the Third Generational legal issues by the case,this part mainly include the body of the Right of Visit ing the Third Generat ional,the necessity of setting up the Right of the Visit ing the Third Generational,the legislat ive basis of the Right of Visiting the Third Generational and how to exercise the Right of Visiting the Third Generational.The second part,it find that there are many deficiencies and defects of the Right of visiting system by studying on the Right of Visit ing the Third Generational legal issues,for example,the body of the Right of Visiting is too narrow,the provisions of the check is too general and so on.The third part,it mainly describe the Right of Visit ing in Amer ica,Germany,France and South Korea,and it show the significance of our country.The fourth part,it puts forward some suggestions by studying on the Right of Visit ing and understanding of the studying on the Right of Visit ing,for example,the law expand the body of the Right of Visiting,the law establish the principles of children' s best interests,and so on.