On The Establishment Of Intergenerational Visitation Rights In China

In recent years,with the constant rise of divorce rate in China,the problems of maintenance and visitation of juveniles causes a widespread attention of social public opinion.Since the law of marriage in 2001,China has formally established the system of visitation right.Although it fills the legislative gap of the marriage and family system,there are more and more dispute cases about the right of visiting the third generation.This shows that the traditional visitation right system can't meet the need of development of society and times.Therefore,as far as legislative,it is very urgent to ensure the rights and interests enjoyed by grandparents to visit their grandchildren.The strong blood relations between the grandparents and grandchildren is the traditional Chinese culture.Establishing the right of visiting the third generation can protect the rights and interest of grandparents to visit juveniles.It can help to make up for the loss of emotion of the grandparents in the process of growth of juveniles.At the same time,it also can satisfy the emotional requirement of the old people for the closeness skips a generation.In additional to the introduction,the thesis is divided into four parts.In the first part,the author analyzes the existing problems of visitation right system and have a further discussion about the visitation right system by comparing the some cases about visiting the third generation which are judged by courts.In the second part,it mainly introduces the current situation of legislation and the supplement of justice of visiting the third generation and some controversial issues of the establishing of the visiting the third generation in academic world.The author draws a conclusion that the establishing of the visiting the third generation has its validity.In the third part,the author explores and analyzes the rationality of visiting the third generation.Based on the need of judicial practice,the coordinated principle of right and obligation,China's national condition and the reference of the foreign legislations,the author takes the legal principle and procedure of visiting the third generation into consideration.In the last part,the author puts forward some legal advice and have a discussion from five aspects:the benefit maximization of juveniles,define the applicable conditions of visitation right enjoyed by grandparents,the suspension and recovery of visitation right performed by grandparents,strengthen the system of litigation security system of visiting the thirdgeneration and innovate the ways of visitation right performed by grandparents.