Study On The System Of Visitation Right In China And The Judicial Examination Of Legislation

In recent years,with the increasing of the divorce rate in China,the raising and visitation of the minor children has been paid more and more attention。In 2001,the visitation right system was established by the marriage law of our country.On the one hand,it satisfies the emotional needs of the minor children and the parents who are not directly raising one parent,and on the other hand,it also helps to promote the healthy growth of the minor children as much as possible,maintain the benign development of the parent-child relationship,maintain the harmony and stability of the society,and fill the legislative gap in our country’s marriage and family system.Compared with other developed countries,the system of visitation right in our country is too principled and generalized,which brings many inconveniences to the judicial practice.Based on the nature of visitation right,this paper combs the related concepts of visitation right,analyzes the relevant provisions of the foreign legislation,and analyzes the deficiencies of the system of visitation right in our country.At the same time,in conjunction with the Opinions of the Shanghai Court on the case of the Dispute over the Right of Minors to Visit a Minor(Trial),the author discusses the perfect system of visitation right.This paper is divided into five parts:The first part discusses the nature of visitation right at first.The nature of visitation right is the premise of the system construction of visitation right and the nature of visitation right,which is the right to rationalize the system of visitation.The visitation right is bi-directional,it is the unity of rights and obligations.The second part elaborates the value of visitation right system,and the humanistic concern of visitation right is reflected in legislation.The third part analyzes and compares the current situation of the legislation about visitation right in the outside world,and makes reference to its rigid law enforcement and flexible law enforcement experience,to explore the more perfect visitation right system in our country.The fourth part,from the nature of visitation right,the principle of system establishment,the subject of right,the specific content,the supervision and the execution of the right of visitation,and makes a brief analysis of the present situation of our country’s legislation,makes a brief analysis,and combs the thought for the suggestions put forward in the latter part,offering advice as a way to cushion the blow.The fifth part,with regard to visitation rights and even the issue of underage children,Shanghai has always been in the forefront of the country.In view of the deficiency of the system of visitation right in China,and in the light of the Shanghai Court’s opinion on the case of the minor visitation right dispute(trial)in Shanghai,some suggestions are put forward from the aspects of the best interests of the minor children,the expansion of the subjects of rights,the content of rights and obligations,the pre-trial review,the suspension and execution of visitation rights,and the introduction of the system of visiting supervisors.