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Research On The Right Of Visiting The Third Generation

Posted on:2020-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z DongFull Text:PDF
GTID:2416330572980936Subject:Law
Abstract/Summary:PDF Full Text Request
Since then,the visitation right system has been formally introduced into the marri age law.This system is of great significance to the healthy growth of children and co mmunication with parents after their parents divorce,but there are always disputes abo ut the subject of visitation right system and the exercise of rights in practice.Our cou ntry has its unique national conditions,(foreign)the emotional bonds between grandpar ents and grandchildren are relatively high,even if the parents divorce,they still have a strong demand to visit grandchildren.With the continuous development of society,s uch emotional needs are increasing,and such disputes are increasingly prominent in ju dicial practice.As the law and its judicial interpretation do not clearly determine whet her grandparents can be the subject of visitation rights and whether the exercise of rig hts is consistent with the divorced parents,this makes the judicial practice of judgmen ts with great differences,so this paper takes this as a study.This article will be divid ed into three parts to analyze and study the right of visitation of grandparents.Firstly,starting from the judicial trial cases,through the comparison of the typical cases of disputes over the right of visitation between generations,this paper evaluates the curre nt judicial situation of our country.At the same time,through the discussion of the s ubject of the right of visitation and the exercise of the right,it leads to the problems of the right of visitation between generations in current judicial practice;secondly,it introduces several foreign countries.The subject of visitation right and the legislation and jurisprudence on the exercise of the right of visitation of the family,find out the experience that suits our national conditions for reference;finally,put forward concret e suggestions on the implementation of the right of visitation from generation to gener ation in judicial practice in the three aspects of the suspension of the cause,the exerc ise of the right and the enforcement of the right.
Keywords/Search Tags:the Right of Visiting the Third Generation, exercise of right, suspension reason, act under coercion
PDF Full Text Request
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