Thoughts on the Transformation of Visitation Rights Legal System in China

Parent-child relationship is a major bond that maintains family ties. Along with the continuous rise of the divorce rate. The continuous rise in the divorce rate is often accompanied by problems such as property disputes, disputes over child custody, and visitation rights disputes. As parents divide their family property and live separately after divorce, it is inevitable that one of them has relatively reduced the emotional connection with their children. The Civil Code follows the provisions of the previous Marriage Law regarding the visitation rights system, but its provisions are rather general and vague, and are not very applicable to various social life situations, resulting in continuous disputes in judicial practice. When we simply regard visitation rights as the rights of parents, the visitation rights system merely tends to protect the interests of parents. At the legislative and judicial levels, an in-depth analysis of the visitation rights system in China is conducted to explore the theoretical basis and existing problems of visitation rights, and legal suggestions for improving the visitation rights system are put forward, with the aim of establishing a visitation rights system centered on the interests of minors, giving full play to the functions of mediation and consultation, improving the efficiency of civil litigation, and further standardizing the current situation of inconsistent judicial practice operations in China.