试论探望权制度的完善 毕业论文.doc

Abstract Visitation is the divorce of her parents, the party does not directly raise their children to visit their children regularly or irregularly, and the right contacts with their children. Right now the establishment of visiting our country to protect children and the legitimate rights of divorced parents have a very important significance Its set up is conducive to the healthy growth of young children, but also conducive to the harmonious development of society, in line with the development of modern national trends in marriage and family legislation.And the existing rights regime in China to visit the content is not clear,the right to visit the main is too narrow to suspend the subject is not clear, the implementation of relatively large degree of difficulty, for the protection of minor children remained inadequate.The example of some foreign legislative experience,from the system analysis and comparison on the level that Chinas current visitation system needs to improve the following areas: Establish the principle of best interests of children as a guiding principle；appropriate adjustments to the right of the main visiting area；content of clear regulations；a clear case of suspension of visitation；increase visitation relief efforts to protect the right to visit the legitimate rights and interests of legal relations.In short, Chinas future legislative process to implement, in order to maximize the interests of minor children, the legislative purpose, the establishment of a legislative-based concept of the children into the parent-child law,and the contents of a comprehensive, specific,easy to operate system for the implementation of the visitation right, truly protect the interests of minor children. Key words: Visitaion Rights；The best Interest of Child；Perfect 试论探望权制度的完善 探望权在国外被称为探视权或交往权，主要是指父母离婚后，不直接抚养子女的一方定期或不定期看望子女并与子女交往的权利。该权利主要是维护未与子女共同生活的一方与子女之间的交往，保障父母与子女的感情联络。探望权制度源于英美法系，为处理离婚后父母探视子女提供了法律依据，后来逐渐被各国立法所接受和引用。 而我国新修正的《婚姻法》第38条规定：“离婚后，不直接抚