Research On Grandparents Visitation Right

Article 38 of Marriage law is the rule of divorced parents' visitation right,as a result of the consortium is helpful to solve problems of marriage and family,however,there are also narrow body,single application conditions,vague way of use and so on.In addition to the introduction and conclusion,this paper is divided into three parts,a total of about 28000 words.In particular,there is no provision for the very important separation of visitation rights,and the separation of grandparents is excluded from the right of visitation.The right to visit each other is based on the relationship between grandparents and grandchildren.The status of this customary right has long been accepted by the public,but it has frequently been on the verge of legal protection since it has not yet been raised to legal rights.The "kinship code" of the civil code should integrate the right of visitation right with parents' right of visitation.The first part:grandparents visitation rights and Article 38th of the Chinese Marriage Law.First of all,the paper analyzes the main problems of the article 38th of the Chinese Marriage Law,thesis from the situation of application,the subject of rights and architecture.Secondly,this part also discusses the legal attributes of the grandparents visitation rights,that is,the moral right of the grandparents visitation right should be raised to legal right,and grandparents visitation right is not parental right or extension of parental right.The second part:the practice and theoretical explanation of grandparents visitation right.First of all,by sorting out the current typical cases,the valuable judgment rules formed in the trial practice are extracted.Secondly,this paper constructed on types of visitation rights,mainly divides into:grandparents visitation right coexist with parents visitation right,parental power loss with grandparents visitation right,parental power coexist with grandparents visitation right.Part three:the system conception of grandparents visitation right in China.First of all,the rules of grandparents visitation right are introduced,and the ways of exercising,reasons for suspension,restrictions and enforcement are explained respectively.Secondly,discussing the specific designation of grandparents visitation right,the law of the People's Republic of China civil code of the parts(consultation paper)".