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Analysis Of Visiting Right System

Posted on:2019-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:B LiuFull Text:PDF
GTID:2416330602958372Subject:Law
Abstract/Summary:PDF Full Text Request
China is a country that attaches great importance to its heritage.Since ancient times,it has attached great importance to the education of children.Due to the improvement of material level and spiritual civilization in modern times,people's consciousness of exercising the right of marriage autonomy has increased,which also makes the divorce rate increase to a certain extent,and the increase of divorced children makes the state and society pay more attention to it.Visiting right originated in Britain and America and other Western countries,mainly for the purpose of ensuring the physical and mental health of children and the exercise and protection of the rights of divorced parents.It was finally accepted by the vast majority of countries in the world,and China was inspired by western countries to establish relevant systems.In 2001,the "Judicial Interpretation of Marriage Law" had stipulated the right of visitation,which theoretically made up for the blank state of the right of visitation stipulated in my marriage law,and provided legal support for the obligee to visit his children;in practice,the provision also solved some cases of visitation disputes.However,this regulation is not perfect in our country at present.Its late start and complicated national conditions eventually lead to many imperfections in the system,such as unclear way and content of the exercise of the right of visitation,narrow subject of the right,difficult implementation and other issues,resulting in the rights and interests of minor children and the subject of the right can not be fully enforced.Guarantee.Based on the above situation,the author first discusses the basic theory and provisions of the right of visitation,analyzes it from different perspectives,draws lessons from the desirability of foreign visitation system,and then puts forward his own suggestions:expanding the scope of the subject of the right to give full play to the role of the right of visitation,and standardizing the exercise of the right of visitation.Time and so on,in order to provide suggestions for the perfection of the visitation right system in our country,through the full exercise of the visitation right to protect children's physical and mental health.
Keywords/Search Tags:visiting, right safeguard mechanism, child interest standard
PDF Full Text Request
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