Research On The Visitation Right System

In 2001,the provisions of the marriage law of visitation right system in our country made up for the lack of visitation right system in the marriage law,improve the system of marriage and family in China,to solve the problem caused by visiting their children all kinds of disputes has provided a legal basis and safeguard.In recent twenty years,however,the judicial practice,the visitation right system gradually exposed defects,it seems,is facing the family continued and system consummation unbridgeable chasm.Emotional connection between relatives can make the minor children and not to live with children relatives get spiritual solace.The concern of the visitation right system is through the exercise of the rights of visitors and visitors at spiritual solace.This paper mainly introduces the following aspects:The first part of the article,the author expounds the connotation of the visitation right.Visitation right refers to the right exercised by a parent who fails to get custody and care of the child after the divorce of the parent.Due to the blood relationship,the parent enjoys the right to visit the minor child for a short term or a long term according to the laws of China.Its characteristic has the following four aspects: the affinity,the content has the non-property characteristic,the legal relations complexity,the right and the duty unification.The second part,the author discusses the problems of visitation right in China,mainly including the following aspects: the system of visitation right is applicable to divorce;the subject of visitation right is limited by the parents of the divorced party.;lack of supporting support for exercising the right to visit;the basis for the execution of the judgment is not sufficient and the reason for the suspension of the right of visitation is not clear.The third part,in view of the specific problems existing in the system of visitation right in our country,the path choice of perfecting the system should be explored.The following Suggestions are put forward: extending the applicable conditions of the visiting right system,enriching the scope of the subject of the visiting right,improving the enforcement effect of the visiting right judgment,refining the right types of the visiting right,and clarifying the reasons for the suspension of the visiting right.