On The Perfection Of Visitation Right System In China

On visitation right,our country law is not particularly perfect specific,just in the revised\"marriage law\" and\"the marriage law judicial interpretation of a\" made some rules,but only the rules cannot cope with the concrete problems in judicial practice,such as appeared in the judicial practice and direct lineal whether to visit the grandchildren or maternal grandchildren?In what circumstances shall rule to suspend the visitation right?After suspension when can recover?What specific situation?How to keep up the visitation to better implementation and execution?Such problems,our country law did not make clear rules,the existence of these problems is not conducive to judicial unification,this is a challenge to the judicial practice in China,is also a challenge to the visitation right system in China,in the face of practical problems,the author will select the part of the case and the judicial practice on the part of case analysis to illustrate China's current laws and regulations in the institutional deficiencies,and put forward the corresponding solutions and measures,namely the visitation right system in China should consider to expand the scope of the subject of visitation right,refinement to suspend the reason and improve relevant regulations,perfect the enforcement measures to enable the system to the realization of the good.Specifically,this article on the structure,besides the introduction consists of four parts:The first part:the theory of the nature of visitation.This part expounds the theory of the nature of the visitation right now three kinds of views,which our country current law point of view,on the basis of this puts forward the author's point of view.The second part:the deficiency of current visitation right system in our country.This section by listing some of the cases in the judicial practice and match to the detailed analysis,this paper expounds the current laws and regulations in the aspects of deficiency.The third part:the necessity and feasibility of perfecting visitation right system in China.This part expounds the visitation right system in China is in urgent need to improve and perfect the system is feasible.The fourth part:and specific measures to perfect the system of visitation right in our country.This part of the current laws and regulations in China in the aspects of the imperfect place puts forward the corresponding perfecting suggestion.