探望权及其相关问题研究

On Problem of Visitation Right and Relating item

婚姻法修正案设立了探望权制度,填补了婚姻家庭制度的空白。法律规定,探望权是父母离婚 后,未取得直接抚养权父母的权利。但从探望权产生的法理基础父母子女关系即权利义务关系 分析,我们可以得知,探望权是非常态父母子女关系中存在的一项权利,不限于离婚父母;同时它 不仅是父母的权利也是父母的义务,即子女也有要求父母探望的权利。探望权制度应在坚持以 子女利益为重兼顾父母利益的原则下进一步完善。

In the amendment of marriage law is established the system of visitation right, with makes up a gap in the marriage Law. In the legal provisions, visitation right is parent's right when not acquiring direct fostering right after their divorce. From the legal in the relation between parents in the children, we can know that visitation right is one existed in the non - normal relation between parents and children, not limited to the divorce parents . At the meantime, it is the parents' s right and obligation, or children have also the rights demanding their parent to visit them. The visiting system should be further perfected in the principle of persisting heavily in the children' s benefits and giving considerations to parent.