Study On The Legal Issues Of The Generation Visiting

The marriage law,which was implemented in China in 2001,established the system of visitation rights.Mainly in this system,after divorce,the father or the mother who does not directly raise children have the rights to visit their children.This system protects the rights and interests of who doesn't directly raise up the children can contact the children after the divorce.The relationship of them will be more closely,and both parents or children can get more benefits,as well as to help their children out of the trauma due to the' divorce and better integrated into the social life.But the marriage law and its judicial interpretation all don't clear and define the grandparents' visiting rights.However,due to the special national conditions and strong family culture in China,because of the blood relationships between the children and grandparents,there often appear "and pro" phenomenon.Because of the divorce,if the grandparents cannot visit the children,mill causes enormous shock to them,and also not avail to bring the children out of the divorce's psychological shadow,that also deviated from the "The Child's Best Interests Principle" of The World's Children Rights Treaty which China has joined into.The paper analyses the similar and difference between parents' visiting and intergenerational visiting,then get that it is legal soundness to support the intergenerational visiting especially the grandparents' visiting.But it doesn't mean all relatives age can have visiting rights,which is different from natural obtain this right after divorced.The intergeneration visiting rights must be given under certain conditions,otherwise will make the subject of rights much more broader,and will take harassment to children and their direct raiser.To make the judgment of the lawsuit of intergenerational visiting much more effectively,the paper suggests making some judicial rules.