Article 1086 of China's Civil Code inherits the provisions of Article 38 of the original Marriage Law on visitation rights,but the provisions on the exercise of visitation rights by grandparents are not sufficient.The provisions of this article on the subject of visitation rights fail to take into account the changes in family structure and do not respond to the practical needs of kinship,resulting in a lack of adjudication basis for intergenerational visitation disputes in judicial adjudication.Some judgments support the elderly's visitation claims based on their spiritual needs,but do not include minors as the subject of rights,which is not in line with the"child-oriented"legislative concept.Therefore,it is necessary and reasonable to appropriately expand the subject of the right of intergenerational visitation for the elderly,especially to include minors of visitation rights,and the exercise of visitation rights should adopt diversified methods according to the actual situation,and at the same time add a third-party supervision mechanism to ensure the proper exercise of visitation rights.
; 王刚
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