The Dilemma And Solution Of The Relief Mechanism Of Visitation Rights In China

Under the background of the rising divorce rate,whether the "visit" between the visitor and the minor children can be realized smoothly is the key to protect the interests of children.Visitation right,as a new right introduced from outside the country,has a weak foundation for its development in China.There are some problems in the legal system of visitation relief,such as single legislative value orientation,limited subject scope,unclear legal nature and civil liability of infringement of visitation right,and there are some drawbacks in the remedy approach and lack of supporting legal system.There is a lack of effective relief measures when the visiting rights are blocked and the visiting interests of children are damaged.Only by perfecting the visitation relief mechanism can we give full play to the value of the system and guide the social people to change their awareness of respecting children’s interests through judicial practice.The remedy of visitation right studied in this paper refers to the right that the subject of the right can make reconciliation within the current legal framework or request the judicial organs and other organs for relief when the visitation right stipulated in the substantive law is infringed.Through the exercise of visitation right,the indirect fostering party realizes the communication with the minor children,and makes its own emotional interests(including the children’s emotional interests)reach the perfect state.To construct a pluralistic visitation relief mechanism,the relief should be carried out in three stages: before,during and after the event,so that the judicial relief,private relief and social relief can complement each other and promote the complete realization of visitation right.This paper analyzes the causes of the plight of visitation relief mechanism through the concept of visitation relief and the legislative and judicial practice of our country.Draw lessons from the beneficial experience of the countries outside,combining with the exploration experience of the domestic trial court,and put forward Suggestions: perfect the legal system of the visitation right remedy mechanism,strengthen the principle of minor children best interests,broaden the scope of the subject of visitation right relief,to define the infringement behavior of the visitation belong to infringement and shall bear the corresponding tort liability,such as the compensation for mental damage and property damage,etc.Then,the difficulties encountered in the multiple ways of relief were observed and some suggestions were put forward,that is,the legal basis for the relief of visitation,the divorce education was adopted by administrative organs and the socialization mechanism of relief of visitation was constructed.Finally,it makes a longitudinal observation on the supporting legal system of the whole relief mechanism,and puts forward some suggestions on improving the supporting legal system of the visitation relief mechanism,namely,introducing the independent agent system of minors from outside the territory,and establishing the prepositioning system and supervision system of the visitation dispute mediation based on the family trial reform background.