With the development of society and the transformation of family concepts, conflicts and disputes in marriage and family relations have been on the rise, leading to an increase in family dispute cases, including those related to visitation rights, which are the focus of this paper. Article 38 of the former Marriage Law of China stipulated: “After divorce, the father or mother who does not directly raise the child has the right to visit the child, and the other party has the obligation to assist.” This system represents the visitation rights framework. The establishment of this system provides a legal basis for effectively resolving visitation disputes after divorce, contributing to the improvement of the marriage and family system and holding significant importance for building a harmonious society. Article 1086 of the Civil Code continues this provision. However, with the development of society and changes in family models and concepts, the above provisions no longer meet practical needs, leading to various issues in judicial application. Therefore, it is necessary to amend and improve them. This paper explores these issues in this context.

Ziwan Yang. The Current State of Visitation Rights in China and Suggestions for Improvement. International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 11: 44-49. https://doi.org/10.25236/IJFS.2024.061107.

[1] Cai Chaojie, Liu Hanqing. Analysis of the visitation right system from the perspective of the Civil Code [J]. Journal of Wuhan Metallurgical Management Cadre College, 2022, 32 (1): 27-30 

[2] Yao Lu. Research on the Expansion of the Scope of Visitation Rights Subject [J]. Journal of Henan University of Technology, 2018 (04): 31-38 

[3] Pu Chunyu. On the Legal Nature and Legislative Concept of Intergenerational Visitation Right: A Perspective from the First Intergenerational Visitation Right Case in Jiangsu Province[J]. Journal of China Women's University, 2016 (06): 36-42 

[4] Wu Weiyi. Collection of Perspectives on Court Trial of Marriage and Family Cases [M]. Beijing: China Legal Publishing House, 2012:16-18 

[5] Gao Rui. Research on the Construction System of Visiting Rights in China [D]. Shanghai Normal University, 2019 

[6] Zhuang Xulong. Legal Basis, Rights Attributes, and Type Differentiation of Intergenerational Visits [J]. Application of Law, 2017 (23) 

[7] Lv Chunjuan. Shaping the Right of Third Parties Other than Parents to Visit Minors: Based on Article 1086 of the Civil Code [J]. Journal of Yanbian University (Social Sciences Edition), 2021, 54 (03): 111-117+143 

[8] Zhang Na, Shen Hongzhong. Legal Reflections on the Visitation Right System in China: A Perspective from the Visitation Right Subject [J]. Fujian Law, 2018 (02): 55-60 

[9] Li Xiangying, Wu Guanghui, Kan Dongguang. Resolving difficulties in enforcing visitation rights based on the principle of maximizing the interests of minors [N]. People's Court News, July 21, 2021 (007)