Study On The Cases Of Grandparents' Visitation Right

System of visiting rights in China only stipulates that the parents who do not directly raise their children after divorce have the right to visit their children.However,the right of grandparents is not involved.In recent years,there have been more and more cases in which grandparents demanded the exercise of visiting rights in judicial practice.And judicial decisions are controversial and not uniform.Through the retrieval and comparison of the cases of grandparents' visiting rights,three sample cases are chose,including Ding,Wang and Bai's visiting disputes,Zhang,Chen and Wang's visiting disputes and Ai,Wei and Peng's visiting disputes.Through the analysis and comparison of the three sample cases,the problem of grandparents' visiting rights is mainly focused on whether the grandparents have the right to visit grandchildren and how to exercise the right.As far as jurisprudence is concerned,in the field of private law,as long as the law is not prohibited,the legal subject can pursue his own interests according to his own will.And the current law does not deny the grandparents' right.In addition,it is also a requirement of Chinese customs and social reality,and the right is also in line with the trend of world legislation.Therefore,it is reasonable for grandparents to have the right to visit.However,grandparents' right should be subject to the principle of the best interests of their children.At the same time,their right should not infringe on the custody and parental visitation rights,nor affect the peace of life of the immediate supporters.In addition,in order not to excessively increase the direct support party's assistance visit obligation,in general,the grandparent's right to visit must be accompanied by the parent's right.Only in certain circumstances can the grandparent exercise the right separately.In addition,the specific circumstances of grandchildren and grandparents should also be taken into consideration when determining the way in which grandparents visit.In real life,in the face of direct parental obstruction,grandparents can protect their own interests through negotiation,mediation,and application for change of custody or appeal of moral compensation.