Interlaced Application Of The Procedural Law In Case Of Visiting Right

At present,the trial of the case of visiting rights ignores the setting of specific procedural rules in legislation,and does not emphasize the protection of the interests of underage children,which makes the method and value of litigation unbalanced and lacks the scientific nature of legislation.In practice,the court,in most cases,utilizes the simple procedural law to hear the case of visiting right.The court cannot initiate such hearing ex officio,nor conduct active review,lacking inquiries about the opinions of underage children and neglecting the interests of adult children.Compared with the legal application in visiting right litigation in other countries,based on the consideration of realistic factors and the current development trend of family case trials,the trial procedure of the visiting right case shall apply interdisciplinary theory and render the parties corresponding procedural protection.Although the proposition of this paper is not that grand,it cannot be ignored the analysis of the case of visiting rights as well as the question of how to apply its jurisprudence and the protection of the rights of underage children.The in-depth study of the legal application of the case of visiting right has theory,legislation and practice multiple values.In addition to the introduction and conclusion,the text is divided into four parts,totaling more than 30,000 words.The first part is about the inconsistency and cause of the legal application of the lawsuit in visiting right case,mainly discussing the current legal application and the trial dilemma caused by neglecting the appropriateness of the referee and the convenience of the procedure caused by the simple lawsuit,and afterwards analyzing the root cause of such dilemma,that is,the failure to fully grasp the case of visiting rights family matters are more essential than other family matters.The second part is the theoretical analysis of the application of the law.Based on the comparative analysis of the typical characteristics of litigation and non-litigation jurisprudence,the paper discusses the basic theories of the legal application of the two types of civil litigation procedures,namely,the dualism of procedure and the theory of interdisciplinary application of law,and the practice of two major legal systems,including the interrogation and application of the procedure of visiting right case,and finally draw the conclusion that the case of visiting right shall apply interlaced procedures for trial.The third part discusses about the specificization of the application of the law in visiting right,analyzing from the aspects of starting mode,evidence investigation,trial and form of judgement.In addition,this paper discusses how the non-litigation law and the procedural law are specifically applied in the case of visiting right,and the specificization of the remedy after the law is intertwined.The fourth part is about the improvement of the legal application in visiting right case and the supporting measures correspondingly.Whether it is the legal interlaced application in visiting right case or the intertwined jurisprudence with other family cases,the corresponding problems would arise.This paper proposes corresponding treatment mechanism for potential problems and corresponding application of the theory herein.In short,the establishment of the supporting mechanism will give the parties complete procedural guarantee.