探望权纠纷解决制度研究

发布时间：2018-10-08 10:44

【摘要】：《婚姻法》中探望权制度的设立保障了离婚后不与子女共同生活一方与子女会见、交流的权利,随着越来越多的人们对探望权法律制度的了解,更多离婚父母开始注重自己探望权的实现,进而引发的探望权纠纷也日益增加。探望权纠纷当事人双方因曾经存在较特殊的关系,所以矛盾中常掺杂着个人情感冲突,法院在处理这类纠纷时显得更加棘手。设立探望权的主要目的不只是满足离婚父母和子女继续交往的意愿,更是为了减轻未成年子女因家庭破碎而受到的伤害,国外大部分国家都已明确确立了探望权的立法宗旨为“子女最大利益原则”。父母离婚已给子女带来了不小的伤害,我们应该通过建立离婚后合适的继续交往模式来安抚子女受伤的心灵,而且在子女成长过程中父或母扮演的角色不同,对子女身心发育产生的作用也不同,如果和子女直接生活一方断然拒绝另一方探望子女,不仅侵害了对方的探望权,也不利于子女成长发育过程中的身心健康。由于我国当时设立探望权制度时各方面经验缺乏,使得《婚姻法》中对探望权制度的规定不尽完善,进而也影响了实践中对探望权纠纷的妥善解决。为了保护离异家庭中子女的利益,维护离婚后双方家庭的和谐稳定,我们需要对探望权纠纷解决制度做进一步完善,对此,笔者用文献研究的方法对探望权相关研究成果作了理论学习,用比较分析法研究了国外的探望权纠纷解决制度并总结对我国的启示,又用实证研究法对我国各地网站发布的关于探望权纠纷的新闻素材作了收集整理,以此来总结反思我国探望权纠纷解决制度中出现的问题。本文最后在结合我国实际情况借鉴国外经验的基础上,从子女诉讼地位、限制探望权的司法判断要素、父母教育、支援探望权履行以及强制执行等方面提出完善我国探望权纠纷解决制度的对策,以期能够为妥善解决探望权纠纷、保护子女最大利益贡献一份力量。
[Abstract]:The establishment of visitation right system in the Marriage Law guarantees the right not to meet and communicate with one of the children after divorce. As more and more people understand the legal system of visitation right, More divorced parents began to pay attention to the realization of their visitation rights, which led to an increasing number of visitation rights disputes. Due to the existence of a special relationship between the two parties to the visitation right dispute, the contradiction is often mixed with personal emotional conflict, and the court is more difficult to deal with this kind of dispute. The main purpose of establishing visitation rights is not only to satisfy the wishes of divorced parents and children to continue to interact with each other, but also to alleviate the harm suffered by minor children as a result of family breakup. Most foreign countries have clearly established the legislative purpose of visitation right as "the principle of the best interests of children". Parents' divorce has done a lot of harm to their children. We should calm the injured hearts of our children by establishing a suitable way of continuing our relationship after the divorce, and the roles played by one or both parents are different in the process of their children's growth. The effect on the child's physical and mental development is also different. If one of the children directly refuses to visit the other party, it not only infringes the other party's visitation right, but also is not conducive to the physical and mental health of the child in the process of growth and development. Due to the lack of experience in the establishment of visitation right system in China at that time, the provisions of visitation right system in Marriage Law were not perfect, which also affected the proper resolution of visitation right disputes in practice. In order to protect the interests of children in divorced families and maintain the harmony and stability of the families of both sides after divorce, we need to further improve the system of resolving disputes over visitation rights. The author makes a theoretical study on the relevant research results of visitation right by the method of literature research, studies the dispute resolution system of visitation right abroad by means of comparative analysis, and summarizes the enlightenment to our country. It also collects and arranges the news materials about visitation right disputes published by various websites in our country with the method of empirical research, so as to sum up and reflect on the problems in the dispute resolution system of visitation right in our country. At the end of this paper, on the basis of drawing lessons from foreign experience in combination with the actual situation of our country, from the point of view of the litigation status of children, the judicial judgment elements of restricting visitation right, parents' education, In order to solve the dispute of visitation right properly and protect the best interests of the children, the author puts forward some countermeasures to perfect the dispute resolution system of visitation right in China in the aspects of supporting the fulfillment of visitation right and enforcing the enforcement of visitation right.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9

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