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Types and implementation methods of intergenerational visits

May 20, 2020 03:22 Source: "Chinese Social Sciences", May 20, 2020, 1929th author: Zhuang Xulong

　　Article 38 of the "Marriage Law" in my country，"After divorce，Father or mother who does not directly raise children，The right to visit children，Obligations with assistance on the other party "。But，(Outside) Does the grandparents have the right to visualize minors (foreign) grandson and children，At present, there is no clear rule for law and judicial interpretation in my country，Disputes in judicial practice are greater。From this，The issue of "Detective Rights" has become a topic that the public is more concerned。October 22, 2019，The Standing Committee of the National People's Congress conducted the third review of the draft marriage and family editing of the Civil Code，Delete one、The Terms of "Detective Detective" added to the second review。For this，Constitution and Legal Committee believes，"Given that in all aspects, it has not reached a consensus，It can be considered that the grandparents are not stipulated in the Civil Code、Foreign grandparents perform intergenerational visits，If the party who directly supports the child cannot be consistent，It can be resolved by the people's court based on the specific situation "。

　　Although the Code (Draft) deletes the Terms of "Detective Detective"，But this does not mean that it is completely opposed to this system。How to re -consider the "Rights Detective Right" problem from the perspective of institutional rationality，There is still a large space in theory。Regardless of jurisprudence、reasonable、Many angles such as ethics and other angles，(Outside) Grandpa advocates visiting the grandson of the minor (foreign) grandson，Especially China, which is highly developed in family culture，Almost a right that does not require too much demonstration。Especially in the background of my country's family Bet365 app download structure relationship，(Outside) Grandpa is often the main body of the grandchildren of the grandson，There is often profound ethical emotion between them。But，From the perspective of rights attribute，If the "Right of Detective Detective" is considered a right to be equivalent to the right to visit，Although it is to maximize the interests of minors as the fundamental purpose，But it is essentially attributed to the personal rights of the grandparents (outside) grandparents。

　　Generally speaking，After the divorce of the husband and wife with a broken emotion，Generally, you will not continue to live together。But，The legal consequences of the lifting of parental marriage relationship have no substantial change for parent -child relationships，Parents divorce does not cause any parent -child relationship intervals for their children。The same reason，After the divorce of the parents，(outside) The social relationship of my grandparents and (foreign) grandson and grandchildren is not affected by the facts of the divorce facts of minors。As far as the right to visit，On the one hand, this is the right to not raise the children to participate in the growth process of children's education.，On the other hand, it is also cooperated with the children directly、Assist does not directly support the additional obligations，This additional obligation is for the divorce parties bet365 Play online games who directly raise their children，It is a de facto life peace of power "infringement"，Of course，This "violation" is allowed by the law，It is also one of the necessary responsibilities in the purpose of "the largest interest in children"。Similar to this，The exercise of the "Right of Detective Detective" also needs to directly support the assistance and cooperation of the father or mother's party，Therefore, the exercise of "the right to exploration" should meet specific conditions。In practice，Improper exercise of "Right of Detective Detective" often causes conflict。For example，In bet365 live casino games the first case of "Detective Detective Right" that occurred in Jiangxi in my country，Mother Peng Mou, the mother who directly supports her children，Grandpa often goes straight to visit without consent，Many conflicts occurred on both sides，Causes a serious impact to Peng's family life，The court then decided that the grandparents must not visit without consent。

　　In the sense of the philosophy of law，Due to the intersection and complexity of human social life，Any rights cannot have absolute attributes，Therefore, rights are relatively existing value -like state。Famous French jurist Louis Josena in the book "Relatration of Rights"，Explained the relative attributes of rights，and analyze and criticize the abuse of rights。He pointed out，Follow the concept of relative rights or prohibit the abuse of rights，It is an important content in all the legal systems of all civilized countries。The theory of the so -called rights of rights，refers to the exercise of any right，There is a reasonable limit，Have a specific time、Place and occasion。For example，Piano、Plaza dance，This is all in the right entertainment activity，But if no time and occasion，For example, in the middle of the night, the so -called "entertainment right" is still exercised at home，It will violate the legitimate rights that others also have without being protected by the legal firm。Similarly，Detective visit is not an arbitrary right，In fact，Even the parental visual rights of parents on the basis of intimidation，Not absolute。"Marriage Law" stipulates，If there is a situation that is not suitable for visiting，One party can advocate visiting for suspension。

　　Basic laws with relative rights，Determine the caution and restraint of the claim of rights。In principle, the intergenerational visits can be used as an independent form of rights，But it should also be included in the category of type analysis。In other words，Different generation of visits Due to the mixed jurisprudence、Site value Bet365 app download factors such as reasonable and even rights exercise boundary，It is not suitable for general evaluation，Copy for its types of types。

　　One，"Delivery type" intergenerational visit。The so -called "generation" intergenerational visits，refers to the death bet365 Play online games of the husband and wife，(Outside) Grandpa advocates visiting grandchildren、The situation of the grandson children。In essence，(Outside) Grandparents Visiting (Foreign) Grandma，In fact, it is a substitution based on blood relationship，It is the undertaking and alternative of kinship。In judicial practice，The situation of the accidental death of the husband and wife is not uncommon。After the husband and wife died，Natural termination of the relationship between husband and wife，The other party also naturally becomes the legal guardian of minor children。In this case，Death's parents advocate intercourse visit，It has legal legitimacy。This is because of，After the husband and wife died，The claim of the probation of children's visual rights is lost naturally because the subject does not exist。The demands of the deceased's parents advocate visits，In fact, the right to exercise the child's death for children，Maintenance of the relationship between grandchildren and grandchildren、Maximizing the interests of children's interests and emotional comfort for the elderly are legitimate meaning，and not to cause additional burden and violations of the living restaurant of the other party。

　　Its two，"Representative" intergenerational visits。The so -called "generation" intergenerational visits，refers to the divorce of both husband and wife，Do not directly support the child's side due to objective reasons cannot exercise the right to visit，And the situation that his parents exercised on behalf of。In judicial practice，The reason for the divorce of the husband and wife is complex and diverse，There are many prescriptions for being deprived of free punishment for crime or suffering from serious illness。In this case，After the divorce bet365 Play online games of the husband and wife，The husband and wife are objectively sentenced to sentence、Effective illness (such as plants)、No civil behavior (such as mental patients) and the resident of the husband and wife cannot exercise the right to visit children，So at this time, the demands of exercising visits on behalf of their parents are very legitimate。In this situation，(Outside) Grandparents Visiting (Foreign) Grandma，It will not cause additional burden and violations to the life of the other party of the divorce couple。Of course，In this situation，If the child's sentence is expired or the disease is healed, it is not possible to exercise the right to visual the right to eliminate the right to eliminate，(outside) The right to exploration of grandparents naturally terminate。Otherwise，From the perspective of rights attribute，It may form a "dual visual right"，This is undoubtedly an additional burden or even the right to infringe on the party who directly raise children。

　　Its three，"Divorce" intergenerational visit。The so -called "divorce" intergenerational visits，refers to the divorce of both husband and wife，(Outside) Grandpa's situation of visiting (outside) grandson and children in his own name。Basic theory based on rights of rights，The situation of the divorce of the simple couple，(Outside) Grandpa's grandparents should no longer enjoy independent visual rights。This is because of，In this situation，After the divorce bet365 Play online games of the husband and wife，Do not directly support the children to enjoy the right of visual visuality in a fulfillment，and objectively can be achieved，And directly supporting the children to assume assistance to the visual rights、Obligations cooperating。As analyzed above，After the divorce of the husband and wife，The living restaurant of the child directly to raise the child can only be used in the legal cause of visiting the children。Lift it before，If the child is not directly raised, there is no personally unable to exercise the right to the visual rights，Then their parents have no reason to surpass the existing exploration right and claim to be independent intergenerational visual Bet365 lotto review rights，Otherwise, there will be an additional burden on the overlap of the life in the living and peacekeeper of the living in the living.。In this case，If (outside) grandparents enjoy independent visual rights，Is the spiritual comfort such as the exchanges between the grandson and the grandson and the grandson of the grandson lost? Obviously not。Emotional communication and spiritual comfort between grandchildren and grandchildren are not intervals，Instead, it is tolerant and absorbed by the exploration right of not directly supporting one party，Therefore, there is no need to give it an independent exploration right。

　　Family ethics between parents and children，Justice in the sense of nature，It will not lose because of the divorce of the parents。From this，In marriage and family relations，The legal effect of divorce will inevitably bring a visit to visit。On the subject of visiting，Divorced parents who do not directly support their children are naturally in a legal position，But the subject of affectionate relationship other than parents，Such as grandparents and grandparents，Laws are irregular。Legically，As long as it is a legitimate private right，If the law is not clearly prohibited，So you should not refuse the right to claim to citizens with no provisions，This is the requirements of the spirit of modern private law。On the question of the intergenerational visit，(outside) The feelings and relationships between the grandparents and the grandson of the grandparents of the grandparents need to be respected and supported by the law。

　　But，Although it is definitely sure to visit the independent rights attributes as a whole，But it cannot be "willful"，After all, the visits of minors need to directly support the cooperation of one party divorced parents。The implementation of the "Right of Detective Detective" should be made on the basis of the type distinction.。In summary,，"Generation type" and "generation" intergenerational visits，The freedom of the divorce parents who directly raising the children bet365 Play online games who directly raise the minor children maintain an organic balance; the "divorce type" interdental visits，The divorce party who does not directly raise the child and (foreign) grandparents advocate the existence of overlapping in independent visual rights，If you support this type of visits，It will undoubtedly repeat the cooperation obligations of the divorce parents directly to raise children，This obviously has passed the boundary of the right to exercise。

　　(Author Unit: Wang Jian Law College of Suzhou University)

Editor in charge: Changchang