On The Right To Visit As A Basic Right Of The Constitution

Access rights are a legal system that deals with parental rights after divorce.The right to visit is both a civil right and a basic constitutional right.The right to visit the basic rights of the constitution is a comprehensive system of rights determined by the constitutional norms,not just a kind of interest and will.The central task of this paper is to establish the constitutional basis of China's visiting rights from the perspective of constitution and fully understand its rights attributes and system utility.The first part is an overview of visiting rights.This section focuses on the question of what is the right to visit,and mainly solves three problems.First of all,proceed with the connotation of the right to visit,and seek the legal basis of the parent's right to visit the child.Secondly,the visitation rights and related rights are discriminated,and it is considered that visitation rights are the right of parents to associate with their children based on parental rights.Thirdly,from the perspective of the right property,the right to visit is an individual's comprehensive rights,is the right to freedom,and the right to visit in modern society also has the nature of relative rights.The second part is the necessity of constitutional protection.Through combing the theoretical research results of the right to visit at the present stage and the cases of judicial adjudication,the necessity of constitutional protection is discussed in terms of basic theory,judicial trial,and the implicit private rights and public rights implied in the right to visit.In the basic theory,there are theoretical difficulties such as confusion of concepts,unclear content of rights and obligations,disputes of children's parental standards,etc.In the judicial trial,there are judicial problems such as inconsistent judgment criteria,unscientific cognizance of rights,and lack of fulfillment of state obligations;The study of the right to visit in China still has problems such as lack of understanding of the state's obligations,inadequate use of the protection of the family system,and so on.The third part is the feasibility of constitutional protection.This section clearly clarified the basic right attributes of the right to visit,and pointed out that the right to visit itself contains three issues: communication,communication,and suspension.Different levels of rights represent different claims.As the subject of public power subject to the constitution,judges are obliged to permeate the whole spirit of the visiting rights in judicial discretion.