The Study On Legislative Perfection Of Visitation Right System In China

As an important part of society,marriage and family are closely related to the development of the whole society.Under the background of rapid economic development,the separation,alienation and reorganization of marriage and family tend to be more normal,which brings a series of new problems and makes people have to pay attention to the system of visitation right again.The system of visitation right is of great significance to maintain the communication and emotion between the minor children and the parents who do not live with them.The system was also introduced into China's marriage law in 2001,but due to the immaturity of the transplanted soil,there are still many problems in the system of visitation right in China.It is necessary to make a comparative study from a global perspective,reflect on its own shortcomings and draw lessons from successful experience abroad,so as to make a beneficial exploration for the improvement of the system of visitation right in China.The main body of this paper is divided into four parts.The first part defines the right of visitation,differentiates its relationship with parental right and guardianship from the external perspective,and then analyzes the attribute of rights and obligations from the internal perspective,finally points out the value of the system of visitation right,laying a foundation for the following research.The second part is the present situation and problems of the system of visitation right in China.The current situation of China's system is briefly described from the legislative and judicial aspects.This part not only gives an overall introduction to the development of the visitation right system in China and the relevant legal provisions,but also sorts out and analyzes the differences and beneficial attempts in the adjudication of the visitation right disputes in judicial practice,and on this basis generalizes the existing problems in the system of China.The third part focuses on the system of visitation right in the view of comparison.Firstly,it analyzes the necessity and feasibility of comparing and referring to foreign systems.On this basis,it carries out a comparative study on the worldwide visitation right system,and examines the existing system in China from a broader perspective.This part mainly sorts out and compares the system regulations of Germany,France,the United States,United Kingdom and other countries from five aspects,including the legislative principle,applicable premise,subject scope,content and limitation of the system of visitiation right,and finally makes a comparative analysis with the existing system in China and draws a conclusion.The fourth part,on the basis of the previous comparative analysis,puts forward the idea of improving the system of visitation right in view of the defects existing in the system,mainly from the guiding principles of the system,the basic content and supporting measures to improve the legislation.