Comment On The Disputes Of Skip-generation Visiting Right Among Ding Hong,Wang Jianhua And Bai Jiaqi

The current substantial laws in our country have no explicit legal provisions about skip-generation visiting right,while the present provisions about it have a lot of deficiency.The deficiency reflects mainly in that the subject of the visiting right is too single,that the application range is too narrow,that the right and obligations are obscure and that the relief method can not be assured validly.The connotation and extension of law neither have valid coverage of the skip-generation visiting right.So the court faces a situation where there is no concrete statutory rules to obey when processing the problems of ‘skip-generation visiting right' in this case.Although in this case it has the practical significance for the court to make judicial decision according to rule of law,it's biased to proceed this case as domestic law case,neglecting its property of concerning foreigners.This case reflects that our country's current stipulations about skip-generation visiting right can no longer meet in many aspects the need of social development and the need for citizen to carry on foreign contacts,appeared with so many problems to deal with when processing disputes generated by multinational relatives visiting.The life of law lies in practice.Legal system which digresses with the requirements of social development should definitely be adjusted.Therefore,it's very necessary to deeply analyse the legal nature and value connotation of the visiting right in our current legal stipulations,to learn from and absorb the relative foreign legislative experience about the skip-generation visiting right,and thus to construct our own skip-generation visiting right which conforms to our country's cultural tradition and the need of social development.This passage take the deficiency exposed in this case of the current visiting right in our country and related legal stipulations as the entry point,and review this case in a perspective of international private law.Also,this passage offers the reason and thinking of hearing and judging this case as a foreign-related civil case,and discusses the significance of taking account of maximum children interest in this case,and tries to reflect and improve the judgment of this case.Besides,by analyzing and study the legal stipulations of German Law related to focus of disputes in this case,and combining with nowadays other countries' relevant legislative experience,and reflecting the visiting right stipulated in our country's laws using comparison method,this passage,this passage tries to find a way to construct a skip-generation visiting right that can conform to our country's family ethical conception and be mutually complementary and mutually independent.