Study On Visitation Right System In Civil Code

"With the disintegration of the family,individual capriciousness is set free." Family brings both warmth and bondage to individuals.When individuals’ desire for freedom is greater than their pursuit of warmth,the family will disintegrate.On the positive level,the increasing divorce rate is the result of the popularization and implementation of marital autonomy,on the other hand,the increase in the number of divorce registration will inevitably lead to the increase in the number of minor children in divorced families.The divorce of parents will cause immeasurable or even irreparable harm to their children,seriously affecting the physical and mental health of minors,and increasing the number of juvenile delinquency.The upbringing and education of minor children after parents’ divorce is a social problem that needs to be paid attention to.In order to alleviate the inner trauma of minor children,make them obtain spiritual consolation,let them grow up with the family care,our country established the visitation right system.However,since the establishment of visitation right system in China,problems have arisen in the implementation due to the lack of legislation.The newly promulgated law of the Civil Code of People’s Republic of China(hereinafter referred to as the "Civil Code")and the judicial interpretation is a simple modification of visitation right system,in the judicial practice,the application of the visitation right system will inevitably encounter difficulties in the future,this requires that we have certain forward-looking,a broader view of the problems,found that the application of the visitation right system there may be difficulties as soon as possible,the reason is to find the legislative improvement space.The text consists of four parts.Based on the meaning,nature and legislative development of visitation system,this paper defines visitation system as a specific content of parental power system through the discussion of relevant theories and theories.Then,by taking the opportunity of the enactment of the Civil Code,this paper compares the old and new legal provisions and concludes that the newly issued judicial interpretation clarifies the written notice mode of the court approving the restoration of the visitation right and extends the scope of the application subject of the suspension of visitation right to the legal guardians who have the obligation to protect the minor children.By analyzing the ethical relations behind the establishment of the visitation system in the civil code,we can see that maintaining the kinship and ethical relations between parents and children as well as between grandparents and grandchildren is the essential requirement of the visitation system,and the rights and obligations between parents and children will not be eliminated because of the divorce between father and daughter,and the two are the closest kinship relations.The basic family ethic relationship between grandparents and grandchildren does not change because of the divorce of parents,and there is a legal right and obligation relationship between them in the absence of parents.However,as far as the current legal rules of our country are concerned,although the family ethic relationship,the concept of "children’s standard" and the principle of the maximum interests of minor children are considered,there is still something to be improved.Therefore,this article refer to foreign legislation and judicial practice,and use for reference the experience of domestic judicial practice,puts forward the improvement of the system of "civil code" visitation advice,to broaden the application of the visitation right system situation,expand the scope of the subject of visitation right system,creating visitation supervisor system,etc.,to ensure the smooth implementation visitation right system.