On The Subject Of The Right To Visit

In the Marriage Law enacted on April 28th,2001 the right to visit is included as a formal,legal postulation for the very first time in history,marking a great progress in China's lawmaking of marriage and family.However,the past two decades of practice also see some shortcomings in the stipulation on the subject of the right to visit.In view of the deficiencies in the stipulation on the subject of the right to visit,this paper discusses the expansion of the range of subject of the right to visit.Through summarizing the evolution of stipulation on the right to visit at home and abroad,and in combination with China's realities,the question whether such parties and units as paternal and maternal grandparents(apart from the child's parents)are qualified as subjects of right and of duty of the right to visit is focused on in this paper.It is concluded that following the principle of uniting rights and duties,range of subject of the right to visit ought to be expanded to arrive at the maximum benefits of minor children,and that the paternal and maternal grandparents of minor children,parents that are living in separation without divorcement or have already nullified marriage relations and even minor children themselves are obliged to be the subject of the right to visit.