A Study On The Legal Issues Of Intergenerational Visiting Rights

The visitation right system of China was formally established in the form of law on April 28,2001.It has been more than 18 years since entering the law.Although it started many years later than the visitation right system of countries outside the region,this at that time,the legal environment was a big step forward."Visiting right" refers to the right to visit the children after the divorce of the husband and wife.The establishment of this system makes the divorced father or mother’s visit to the children legal and legitimate.In recent years,with the rapid economic development,the public is more looking forward to improving the quality of life and changing the concept of marriage and family,which indirectly leads to a substantial increase in the divorce rate in China.According to the statistics of the Civil Affairs Bureau,since 2003,the divorce rate in China has risen for 15 consecutive years.The number of registered divorces in the first three quarters of 2019 reached 3.104 million pairs,which was 205,000 more than the same period of the previous year.The divorce rate remained high Not only involves related legal issues,it has undoubtedly developed into a social issue for families with children.Our country ’s family model is mostly the “421” family structure model.In most families with only one child,the(foreign)grandparents tend to tend all their emotions to the(foreign)grandchildren;at the same time,based on our traditional customs,(outside)The grandparents have a deep relationship with their grandchildren,and they have a close relationship.Therefore,once the husband and wife divorce,it means that the two families are scattered,and the next-generation grandparents and grandchildren will not be guaranteed as the parental relationship breaks down.Therefore,in China’s existing family marriage environment,it is of great practical significance to give(foreign)grandparents the right to visit(foreign)grandchildren.The content of this chapter is divided into four parts.The first part: on the issue of the right to visit in generations.This section mainly uses the case analysis method to select three typical cases of disputes about the right of visitation in practice in order to reflect the practical necessity of the existence of the right of visitation in the current judicial environment in China,and summarizes the number Focus of controversy and existing problems.It shows that with the development of society,the disputes about the right to visit in judicial practice,especially the right to visit between generations,are increasing and have certain complexity.The current system of visitation rights in China has little protection for the rights and interests of subjects other than the parents of minor children.It has been difficult to deal with specific issues arising in judicial practice and cannot meet the judgment needs of the practical community.This leads to the following discussion on the rationality and legitimacy of the next generation visit right in our country,centered on the "principle of the best interests of minor children".The second part: This article combines the origin and legal nature of China’s current visitation rights and leads to the legal nature of the intergenerational visitation rights,and the basic and practical conditions for the existence of the intergenerational visitation rights in China.At the same time,"the principle of the best interests of minor children" was introduced as the core principle of the right to visit between generations in our country.Analyze the inherent relationship between the system of visitation rights and the "principle of the best interests of minor children” and clarify the value orientation of the system of visitation rights in our country and even family legislation.The third part: On the basis of the previous discussion,summarize and extract some defects in the current visitation right system in China,and make a concise analysis of the defects.On the basis of the defects of the existing system,combined with China’s actual situation,it is proposed that China should construct the right system of the next generation visit right.It mainly starts with the necessity of entering the law of the visiting rights of the next generation and related measures,and on the basis of drawing on the useful experience of the relevant legislation of the countries outside the region,discusses some aspects that need to be brought to attention if the legislation of the visiting rights of the next generation is enacted in China.And summarize and sublimate the first three parts.Through practice,such as the controversial visit rights granted to(foreign)grandparents by legislation,it will inevitably conflict with the guardianship rights of the father or mother to a certain extent,and then how to give consideration to the visiting rights of the(foreign)grandparents and parental guardianship rights Propose several specific measures: coordinate visit time,increase new visit methods,etc.