On The Right To Visit

Visiting rights are based on specific identity relationships.This right is very important for guaranteeing the physical and mental health of juveniles with broken families and the spiritual interests of other visiting rights holders.The system of visitation right in our country started late,and the legislation and related theories are still immature,which brings many troubles to judicial practice.What should be the principle of establishing visitation rights,who should exercise visitation rights,how to exercise visitation rights and how to protect the exercise of rights,these problems need to be solved urgently.This paper is divided into five parts:In the foreword,it is pointed out that the system of visitation right in China is still imperfect,and the effect of judicial practice is not ideal.How to base on practice and make supplements and amendments on the basis of the existing system so as to meet the requirements of social development and really play the function of this system needs to be solved urgently.The first chapter elaborates the concept and characteristics of visitation right,the historical evolution and legislative status of visitation right system,and the nature of visitation right.It is proposed that visitation right should have dual attributes of rights and obligations,and it is a two-way right between parents and children.The second elaborates the elements,functions,exercise and limitations of visitation rights.While recognizing the right of visitation in legislation,countries also restrict it.The restriction of visitation right in China is mainly manifested in the discontinuation system of visitation right.The third chapter,based on the judicial practice of our country,analyses the problems existing in the system of visitation right in our country from the aspects of legislative principles,subject of rights,content of rights,reasons for suspension,provisions for compulsory execution and remedies for infringement.The fourth chapter,in view of the problems existing in the visitation right system in China,based on the national conditions of our country and drawing lessons from foreign legislative experience,puts forward solutions.The conclusion is a brief summary of this paper.