The hottest suggestion is that the marriage law sh

It is suggested that the marriage law should expand the scope of the subject of visitation rights. Article 38 of the marriage law stipulates that "after divorce, the father or mother who does not directly raise their children has the right to visit their children, and the other party has the obligation to assist". Accordingly, the law only takes the father or mother who does not directly raise their children as the only subject to exercise the right of visitation. The author believes that the subject scope of visitation right stipulated in this law is too narrow, which is not conducive to promoting the healthy growth of children to a certain extent. At present, some foreign legislations have appropriately expanded the scope of the subject of visitation rights. For example, the legislation of the United States stipulates that grandparents can apply to the court for visitation after parents divorce or separation

therefore, the author suggests that the subject scope of visitation right should be extended to grandparents and maternal grandparents by learning from foreign legislative experience and combining with domestic reality. 1、 Article 28 of the marriage law stipulates that "affordable grandparents have the obligation to support minor grandchildren and grandchildren whose parents are dead or unable to support them. Affordable grandchildren have the obligation to support grandparents and grandchildren whose children are dead or unable to support them". Therefore, due to some objective reasons, parents cannot fulfill the duty of comforting others without me; Unique skills rdquo; When it comes to the legal obligation to raise minor children, there will be a legal obligation to raise them between affordable grandparents and minor grandchildren and grandchildren. 2、 In terms of national conditions, the backbone family model is still widespread in China's family types. According to the fourth census in 1990, three generations of households in cities, counties and towns accounted for 15.4%, 17% and 17% respectively. This is enough to explain that the families where grandparents and grandchildren live together still account for a considerable proportion in China. In real life, most children in Chinese families are raised by grandparents or grandparents together with their parents after birth. After the divorce of parents, only the marital relationship between parents is dissolved, and the kinship between grandparents and grandchildren and grandchildren is not dissolved. The kinship and feelings between the two sides still exist. Nothing is absolute between grandparents, so they instinctively need to contact and communicate. 3、 At present, most of the minor children in China are only children. For them, in addition to their parents, only their grandparents and maternal grandparents are the closest people. After their parents divorce, they often bring them a relatively strange and lonely living environment. They cannot get the complete family warmth and love that their peers have. Their young hearts are often traumatized to varying degrees. At this time, they need more care, education and protection from others. And the best candidates, in addition to their parents (often busy with their own careers), are only grandparents and maternal grandparents. Moreover, in this case, although they all adopt the method of grinding materials against metals, grandparents and maternal grandparents are often very willing to take the initiative. Therefore, from the perspective of promoting the healthy growth of minor children, it is also necessary to give grandparents the right to visit with the lifting of the ban on products