Research On The Visitation Right System In China

At present,with the ever-increasing divorce rate in China year by year,disputes on visitation right are getting increasingly severe.In addition to the natural and strong relationship between parents and children in Chinese traditional family concept,parents or grandparents and other immediate relatives also strive to acquire visitation rights,which is the subjective reason for the increasingly prominent issue concerning the right of visiting in China.However,visitation right can hardly be fulfilled according to China’s current legislative and judicial conditions.This attracted strong interest of the author to conducted an in-depth analysis on the visitation right system.This paper mainly conducts in-depth and systematic study of the visitation right system in China.According to the current situation of foreign research on visitation right,based on a large number of cases in trial practice,this paper proposes some reasonable suggestions on issues in China’s current visitation right system.The text of this paper consists of four parts.The first part mainly introduces the connotation of the visitation right,the nature of the rights and obligations of the visitation right and its social value.Originated from visitation right system of the common law system,it has gradually evolved with more attention from countries in the world and increasingly greater consideration of children’s rights.At present,the establishment and continuous improvement of this system in most countries of the world also mark the development trend of modern marriage and family law.Visitation rights involving spiritual interests are awarded to the noncustodial parent in divorce or refers to the fact that close relatives with a deep relationship should communicate with the minor child or live together for a short period of time.The "Marriage Law" of 2001 stipulated the right of parents to visit minor children after divorce for the first time.At the same time,the obligated party is required to provide convenience for the other party to visit minor children.The second part compares and analyzes visitation right systems at home and abroad.Taking Germany and the United States as the object,this part analyzes current legislative status of legislative principles,applicable preconditions,subject of visitation rights,content and implementation model,exercise restrictions and right enforcement issues.The third part elaborates the inadequacies of the visitation system in China based on the extraterritorial investigation in the previous part.The author discusses a total of 251 visitation cases in the second half of 2019 searched on jufaanli.com from the above six aspects,combined with the interpretation and handling of visitation rights by the local courts in the past six months,in hope of discovering the key points preventing China’s visitation right system from giving into full play in reality.The fourth part proposes preliminary suggestions on improving China’s visitation right system,proposes the author’s improvement recommendations from the aspects of establishing the principle of the best interests of the children,expanding the prerequisites for the application of the visitation right system,extending the subject scope of the visitation right,diversifying the exercise of the visitation right,clarifying the legal reasons for the suspension of the visitation right,and improving the supporting measures for the visitation right system.It is expected to establish a systematic and complete system of visitation right to guarantee the effective execution of visitation rights.