A Study on the Right of Intergenerational Visitation

DOI: https://doi.org/10.62517/jel.202614212

Author(s)

Jialing Shen

Affiliation(s)

China Jiliang University, Hangzhou, Zhejiang, China

Abstract

Against the backdrop of normalized intergenerational child-rearing in China, the statutory absence of grandparental visitation rights has led to widespread inconsistent adjudications in judicial practice, creating a core contradiction between ethical legitimacy and legal normative gaps. This paper adopts empirical analysis of 100 typical judicial cases, normative interpretation of civil law provisions, and comparative research on institutional systems in Germany and the United States to systematically examine the core disputes and theoretical basis of intergenerational visitation rights. The study finds that the core nature of intergenerational visitation rights is a limited status right under the kinship right framework, and the current judicial dilemma stems from the lack of unified substantive rules and procedural guarantee mechanisms. This paper finally proposes a progressive institutional construction path to realize the organic balance between traditional family ethics and modern civil rule of law in China.

Keywords

Right of Intergenerational Visitation; Kinship Rights; Best Interests of the Child; Public Order and Good Customs

References

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