关键词: 探望权, 探望权制度, 子女最佳利益, 子女本位, 子女意愿

Abstract: Because of the differences in social condition and tradition, the regulations on visitation right system are different in different countries, which are manifested in the nature of visitation right, the subjects of visitation right, the restriction of visitation right and the realization of visitation right.The Civil Code of China still follows the provisions of visitation rights in the Marriage Law which has been abolished, which is out of date in current society. China's visitation right system should put the interests of children in the first place and establish the active position of children in visitation. To the party not raising the child, visiting the child is not only a right but an obligation. Considering the difficulty and resistance of grandparents visitation right, it is a prudent to keep parent as the subject of visitation right without further extending visitation rights to grandparents. In practice, the court should take full account of the best interests of the child, and supervise and educate the party who is not willing to visit the child, but not restrict the vitation right of the party who fails to raise the child.

Key words: visitation right, visitation right system, child's best interest, child-based, child's desires