Research On The Visitation Rights System In China

Along with the rapid socio-economic development in China,the concept of freedom has been continuously accepted by the public,and it has a certain impact on the stability of marriage and family,leading to the continuous rise of the divorce rate.2021,the recent figures of the National Bureau of Statistics show that China’s crude divorce rate exceeded 3 per thousand in 2016 to 2020,and the crude divorce rate in2019 was the highest in previous years,reaching 3.36 per thousand.The increasing divorce rate often leads to property disputes,child custody disputes,visitation rights disputes and other issues.As parents reduce the emotional connection between them and their children after divorce,it is bound to harm the physical and mental health of their children.The establishment of the visitation right system can reduce the harm to their children to a large extent.In 2001,the Marriage Law included the visitation system for the first time,and the Civil Code,which was formally implemented on January1,2021,followed the provisions of the Marriage Law on the visitation system,but it was too general and vague,and the availability was not strong,resulting in continuous disputes in judicial practice.Therefore,whether from the legislative or judicial level,we should conduct in-depth analysis of the visitation system in China,and put forward legal suggestions to improve the visitation system,so as to standardize the current situation of different judicial practice in China.This paper first expounds the concept of visitation,its nature and the institutional value of visitation,Visiting right has the dual attribute of rights and obligations,The establishment of this system can maintain the stability of social order and meet the emotional needs of relatives;Secondly,summarize the relevant provisions of the visitation right system in the emerging stage,Collect 47 cases of "Chinese visitation right dispute" on the China Judicial Documents website,The problems existing in the visitation right system in the judicial practice;last,From a broader perspective,the relevant legislation of the visitation right system of countries outside the region is summarized and combined with the actual situation of China,The following suggestions are put forward to improve the visitation right system in China: First,In view of the legislation does not fully reflect the principle of maximizing the interests of minor children,To make clear the rights and obligations of the visitation right and take the children’s opinion as an important factor in the judge’s judgment;second,Regarding the narrow scope of visitation rights,Problems that do not meet the actual needs,Proposed to expand the subject scope of visitation rights,Including minor children,(other)grandparents and other close relatives in the main scope of the right to visit;third,The application premise of the visitation right is single,Cannot cover the non-traditional marriage patterns existing in practice,Provide to include the circumstances of invalid marriage and separation of husband and wife;fourth,The exercise of the right of visitation is too general,Not conducive to the smooth settlement of the disputes between the two parties,Put forward to refine the way and time of exercising the visitation right;fifth,The reason for the suspension of visitation rights is too general,There are no specific measure,Put forward to change the single general legislative mode into the enumerative type method;sixth,In view of the difficulties in implementing the right of visitation,Can not fundamentally resolve the dispute over visitation rights,The legal liability of the assisting party for failing to perform the assisting obligation,The introduction of visiting supervisor system to help solve the conflict smoothly.