The Problem And Countermeasures Of The Enforcement Of Visitation Right In China

The relationship between parents and their children is legalized and protected by the law.The purpose of that is not only to protect the spiritual interests of the parents to visit their minor children,but also to reduce the harm caused by the divorce to the minor children,so that the minor children can growth healthily,and the social harmony can be maintained.When parentsgot divorced,the minor children can only live with mother or father,thus the parent who does not live with children have the right to visit his children,because the divorce of parents does not mean that the relationship between parents and their children isterminated.The establishment of the visitation right is great progress of China's legal system and it conforms to the trend of international marriage legislation.But the visitation right involvessome human factors and they are difficult to control,so that the enforcement of the visitation right became a judicial practice problem.In this thesis,the problem and countermeasures of the enforcement of visitation right are discussed in three chapters.The first chapter mainly introduces the legislation of visitation right and its enforcement.The first section of this chapter is an overview of visitation right,including the concept,the subject,the exercise,the suspension and resumption,the nature and the meaning.The second section mainly describes the enforcement of visitation right,including the way and the characteristic.The second chapter mainly analyzes the problem of the enforcement of visitation right and the reason why it is difficult to enforce.The first section analyzes the theoretical problems of the enforcement of visitation right.It is mainly because the relevant legislation is not perfect and rigorous,and the enforcement of visitation right may conflict with personal rights.The second section analyzes the practical problems of the enforcement of visitation right.The enforcement of visitation right needs the cooperation of the obligor,the minor children and the obligee,but there are too much subjective factors that are difficult to control.And the enforcement system is imperfect.The third section summarizes the reason why the visitation right is difficult to enforce.The main reason is that the legislation is not perfect,the trial stage does not deal with the problem well and there are some traditional factors.The third chapter mainly introduces the author's suggestion to perfect the enforcement problem of visitation right in China.The first section mainly puts forward some suggestions on the legislative provisions,which need to clarify related conception of visitation right and perfect enforcement measures.In the second section,the author designs an enforcement system.The court sets up a special group to judge and enforce the case of visitation right.Clearing the filing standard and the burden of proof is needed.Then the judge organizes a hearing of enforcement and makes both parties reach an agreement.The third section introduces the consequences after the enforcement.After the closure of the enforcement,the obligee can not apply for enforcement any more,but he can apply for changing the custody or ask for damages.