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探望权起源于英美法系,为离婚后父母探望子女提供了法律依据,为各国立法和法理所接受,确立探望权制度已经成为世界婚姻家庭制度发展中必不可缺的一部分。本文以探望权制度为研究对象,以最大限度地保护未成年子女的利益为主旨,先从探望权的基本涵义入手,分析了探望权的法律特征和基本框架;以增进我们对探望权制度的了解,希望能为司法实践中所遇难题的妥善解决,为最终建立一个以子女最大利益为原则的探望权制度,贡献自己的绵薄之力。
Visiting rights originated from the Anglo-American legal system, which provided the legal basis for the parents to visit their children after the divorce and was accepted by the legislation and jurisprudence of all countries. The establishment of the visiting right system has become an indispensable part of the development of the world marriage and family system. This article takes the system of visit rights as the research object and the theme of maximizing the protection of the interests of the minor children. First, from the basic connotation of the right to visit, this article analyzes the legal characteristics and the basic framework of the visit right. Understand and hope that this can properly solve the problems encountered in judicial practice and contribute to their own moderation for the eventual establishment of a visiting right system based on the best interests of their children.