| In 2001,China amended the Marriage Law of the People's Republic of China for the third time.This amendment includes the right to visit the children of a party who does not live with their children after their parents divorce.According to the current law of our country,the main body of visitation right is the father or mother who does not directly raise their children after divorce,excluding grandparents,grandparents,brothers and sisters,etc.Visiting right appears relative to the right of direct maintenance.In today's complex litigation cases,especially people's awareness of human rights protection is becoming more and more intense,the court's litigation work is becoming more and more standardized,to solve the implementation of visitation rights,to make up for legal loopholes,but also improve the procedures in civil proceedings.Court enforcement is to safeguard the dignity of law and the authority of the state,but if it can not be effectively completed,the law will be illegal.However,in the litigation procedure,especially in the civil litigation as an equal subject,more attention should be paid to the protection of the legitimate rights of the parties,which is also a way to protect the rights.The first part of this paper mainly elaborates the basic theoretical definition of visitation right from the academic point of view,including the subject,object and characteristics of visitation right.In addition,it deeply studies the significance and value of the theoretical system of visitation right in today's society,including social value,moral value and legal value.The second part of the article mainly explores the relevant legal provisions on visitation rights in China,as well as the development and status quo of visitation rights system.The main contents of visitation right are stipulated in the marriage and family law in the civil legal system.The current legal provisions are relatively general,which should be refined,and specific problems should be analyzed and solved.The third part inspects the provisions of visitation right system in some foreign countries,and describes some representative systems.By citing the relevant legal systems and methodologies of other countries,and combining them with their practical application,it is called "Chinese-style Western-style Use".In the last part,the author puts forward the corresponding countermeasures and opinions on the problems existing in the current system of our country,focusing on how to correctly deal with the issue of visiting right from the judicial practice,and how to deal with it through legislative and judicial approaches in the practice of judicial execution.This is just one of the main manifestations of Marxist philosophy that theory comes from practice and guides practice. |
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