An Analysis Of The System Of Visitation Rights

With the rapid development of society and economy in China,people's awareness of family protection is becoming increasingly weak while they pursue freedom of consciousness.A divorce case more and more,the establishment of visitation to protect minor children health of body and mind development,but since visitation right system in our country to set up the legislation and judicial practice,there are still many deficiencies,basically,is the visitation right system in our country to set up and trial practice is not really to carry out the benefit maximization principle of minors.The main body of this paper is divided into four parts.In the first part,by classifying and sorting out the trial data of second instance cases of visitation right in China in the past five years,including the number of cases,reasons of appeal,specific time and methods of exercising visitation right and so on,the trial status of visitation right cases in China is objectively described,and the advantages and existing problems are summarized and analyzed.The second part focuses on the analysis of the deficiencies in the trial practice and the reasons,through the introduction of the form of typical cases to narrow the scope of the subject,the cause of suspension and the exercise of unclear,the absence of judge authority intervention and other key issues are analyzed in detail,to find the legislative level and the defects of judicial philosophy and methods.In addition,because of the visitation right system in China started relatively late,lack of experience,so the third part introduces the United States,Germany,France,Australia,and other areas of the visitation right legislation concept of relatively perfect national legislation and judicial experience,in which many system design and trial methods are worth our using for reference,such as the United States restrictions for visitation situation,divorced parents education system regulations about with a minor sphere,Germany,France,the family court authority initiative,Australia contact system and the real time and so on.The fourth part,on the basis of summarizing and analyzing relevant problems and deficiencies in the field of visitation trial in China and summarizing and drawing on relevant experience at home and abroad,puts forward several suggestions for improving the trial of visitation right in China,in order to be of benefit to the research on related issues of visitation system in China.