The Defects And Perfection Of Visitation Right System In China

The visiting right system originates from the Anglo-American legal system,and is a vital civil right in the legal system of marriage and family affairs in various countries.The establishment of a visiting right system can not only guarantee the right of the parties to divorce cases to meet and interact with their children after the dissolution of the marriage relationship,but also protect the minor children 's physical and mental health,which is an indispensable and important part of the marriage and family legal system.The two "Marriage Laws" promulgated and implemented in China in 1950 and 1980 did not provide for a special chapter on the right to visit.It was not until 2001 that the newly revised "Marriage Law" set up the system of visitation rights,which is for the parent-child relationship after divorce.The maintenance provides a relatively complete system guarantee,which fully embodies the humanistic care of China's marriage and family legal system.However,with the rapid development of the economy in the 21 st century and the transformation of the social public's concept of marriage and family,the relevant provisions of China's current visitation system are more and more difficult to meet the needs of judicial practice due to the strong generalization and narrow scope of the subject.Due to imperfect laws and regulations,it has caused the evil phenomenon of deliberately hiding children and adopting violent methods to free children from their original guardianship,which seriously damaged the harmonious family relationship and harmonious social order.This article starts from the basic concept of the right to visit,elaborate on the basic characteristics of the right to visit,the nature of rights,and the legal and social values that are of great importance in the current era,and analyzes the visit rights system in the United States,Britain,Germany,and France.It clarifies the important position of the principle of "maximizing the interests of children" in the visiting right system,and summarizes and summarizes some useful legislative experience that China can learn from in the future work to improve the visiting right system;The reasons for suspension and resumption,and the enforcement of the judgment of the visitation right are analyzed in four aspects.The main defects of the current visitation right system in China are analyzed to further clarify the difficulties faced by China in the legislation,trial and enforcement of visitation rights.At the end,in view of the shortcomings of China's current visitation rights system and based on the actual situation of China's judicial work,it proposes tobroaden the scope of subjects,clarify the content of visitation rights and obligations,legalize the suspension and restoration of rights,and improve the enforcement rules,innovation and enforcement Executive party And other relevant measures to improve China's current visitation rights system,with a view to perfecting China's current visitation rights system,so that it can better adapt to the current social public marriage and family concepts and judicial practice status of trial and execution of visitation rights disputes,so as to play the visitation rights system It plays a key role in maintaining the parent-child relationship and maintaining the maximum benefit of minor children.