The Exercise Of Grandparents' Visitation Right

Grandparents' visitation right,as the name implies,are the rights of grandparents to visit their grandchildren.The setting of such a right makes grandparents have the right to visit grandchildren in law,which is the basis for grandparents to seek legal relief when they are blocked from visiting their grandchildren.So how should we exercise grandparents visitation right? Grandparents' visitation right involve the interests of the three parties who visit the right holders,assist the obligors,and be visited.If the rights are improperly exercised,it will not only adversely affect the people being visited,but also trigger new social problems.The exercise of power needs to be taken seriously.In the process of exercising the right to visit,there will be problems of conflict of rights,abuse of rights and nuisance of rights.The author tries to analyze the problems and summarize the causes of the problems in order to find a solution.The exercise of the right to visit should be based on the negotiation of the parties,supplemented by the judgment of the court;the number of times the right to visit should be appropriately restricted by limiting the interests of the person being visited and not excessively infringing on the right to life of the assisting agent.And to achieve a balance of interests between the three parties,suspension of visits is necessary.This article consists of an introduction and a body.The text is divided into three chapters.The first chapter is the introduction of the basic theory of grandparents' visitation right.Firstly,by analyzing the concept and composition of grandparents' visitation right.Grandparents' visitation right is fully explained,and the nature of grandparents' visitation right is clarified.Grandparents' visitation right comes from relatives.It is a kind of identity right,which has the corresponding attribute of identity right,and has the opposite nature and the absolute nature of the outside.Secondly,comparing the visiting right and the parental right,grandparents' visitation right and the custody right,it is concluded that grandparents' visitation right is derived from the relatives,but it cannot be completely equivalent to the parental right.The exercise of grandparents' visitation right cannot interfere with the guardianship.The conclusion of the exercise of the right.Finally,it analyzes the legitimacy of grandparents' visitation right,expounds the ethical foundation,legal basis and realistic basis of grandparents' visitation right,and explains the necessity of setting the visiting right.The second chapter is about the introduction of problems in the process of grandparents' visitation right and reasons.The problem of conflict between grandparents' visitation right and custody,the rights of grandparents to visit their grandchildren and the right to assist the obligatory to the peaceful life.The problem of abuse,The right of nuisance which derives from the visitor,the assisting obligor,and the inter-generational visitor's own reasons.These problems are common problems in the process of grandparents' visitation right.So how to set the exercise mode of right is the key to solving such problems.Family disputes,the conflict of ideas between the visiting and assisting obligors and the assistance of the obligors for the maintenance of the right to life are the reasons for the above problems.The third chapter is the setting of the mechanism of visiting the right to visit.The exercise of the right to visit depends on the principle of maximizing the interests of the children,respecting the principle of the will of the visited person and the principle of balance.In the rules of grandparents' visitation right,the author analyzes the time,place,method and limit of the right to visit the intergenerational powers which must be considered in the exercise of grandparents' visitation right.The exercise of grandparents' visitation right must be based on negotiation,supplemented by court judgments and use social forces to mediate when it is necessary.The third section introduces the relief mechanism of the visiting right of generations.The mediation first helps to resolve the contradiction between the visiting right-seeker and the assisting obligor,which is beneficial to exercise grandparents' visitation right.At the same time,the litigation guarantee is the last barrier to protect rights.