Children’s Best Interest Principle To Redefine Of The Subject Of Visitation Right

"The principle of the best interests of the child" has been widely recognized and applied in family law all over the world.The legislative purpose of visitation right system is to realize the best interests of minor children,so the principle of "the best interests of children" should be taken as the basic principle.In 2001,the Marriage Law established the visitation right system,but the principle of "the best interests of children" was not clearly defined,and the provisions on the scope of subjects still focused on the interests of parents.The Civil Code promulgated in 2020 inherits the provisions of the Marriage Law(2001),but has not clearly established the "principle of the best interests of children",and has not made any changes to the scope of the subject of visitation right.Considering the interests of minor children,the subject of the right of visit should not be limited to the father or mother who has not lived with the children after divorce,the right of visit of unmarried parents,parents whose marital relationship is invalid or revoked,and other living parents should also be recognized,and should also include the minor children themselves,family members with visiting needs,etc.In order to guarantee the realization of visitation right,the obligation subject of visitation right should be clarified.