Research On The Litigation System Of Visitation Right

The lawsuit of the right of visitation is one of the family litigation.The family action belongs to the civil lawsuit,but it is different from the ordinary civil action,and it has its own special procedure.With the gradual increase in the number of civil cases,the number of cases of visitation rights is also rising.The visitation right system was first established by marriage law,and the relevant regulations are relatively simple.The legal provisions of the lawsuit of the right of visitation are not specific,and a perfect system of litigation can not be formed.However,there is an in-depth study on the litigation of the visitation right abroad.The common law of the United States and Australia,Germany and Japan,these countries of the visitation rights litigation,legislative provisions detailed judicial practice,rich experience,can be used as the visitation right litigation legislation and judicial practice,to solve the problems of the litigation right to visit china.In addition to the introduction and conclusion,this paper mainly contains four parts:The first part is an overview of visitation litigation.By introducing the concept of visitation rights,the characteristics of visitation rights,the disputes of visiting rights and their solutions,the concept of visitation rights litigation is introduced.The characteristics of the visitation right and the value target of the visitation right are expounded in detail.The second part uses the comparative method to study the visitation system of the two countries in the Anglo American law system,two countries in Germany and Japan in the continental law system.By drawing on the foreign visitation rights system,we should improve our country’s visitation right litigation system.In the third part,from two angles,the present situation and existing problems of the visitation right in China are elaborated in detail.Its contents are: the present situation and existing problems of the lawsuits of the right of visitation,the judicial status of the visitation right and the existing problems.The fourth part is the focus of this article.It mainly puts forward four proposals for the improvement of the right of visitation system.They are in accordance with the order:improving the concept of visitation rights,establishing the referee principle of visitation rights,reforming relevant legislative provisions,and reforming the trial system.Based on the above four parts,this paper introduces the right of visitation system,studies the system of visitation rights abroad,analyzes the problems of our system,and puts forward some suggestions on how to improve it.It is hoped that the development of the legal system of the right of visit will be able to make a modest effort for the construction of our country’s legal system.