浅析探望权

Brief Analyse Of The Right Of Visiting

自新婚姻法颁布以来,探望权的设置给离婚当事人对子女探望权的行使开辟了一条新路,然而探望权的立法、执行却不尽完善,备受争议。虽探望权在婚姻法律关系中地位并不显著,但却关系着婚姻法的构建。本文从实证的角度分析探望权的不完善之处,从立法、司法到执法的角度对探望权提出一些构想。

As the publication of the new Marriage law , the right of visiting paves a new way for the parties of divorce to execute it. But the legislation and execution of this right are not self - contained and have risen much argument. Although the right of visiting does not play an important role in the Marriage law, it effects the construction of the Marriage law. This article analyses the imperfection of the right of visiting from the positive point and gives some suggestions from legislation, justice to execution.