Parental rights refer to the rights and obligations of parents to support, educate and protect minor children in terms of personal and property. The legal relationship of parental rights between parents and minor children is a kind of identity right, which originates from the civil law system. The "Civil Code of the People's Republic of China" does not clearly define the concept of parental rights in the marriage and family section.

The first paragraph of Article 27 of the Civil Code of the People's Republic of China stipulates that "parents are the guardians of minor children", which is the legal guardianship relationship between parents and minor children.

Although the guardian can delegate part or all of the guardianship duties to others, when the guardianship based on delegation conflicts with the legal guardianship enjoyed by the parents of minor children, the law should first protect the parents of minors. Guardianship.

The parents are the guardians of the minor's children. If one of the minor's parents is unable to perform the guardianship duties due to work or other reasons, and the other parent has the guardianship ability, one parent can accept the entrustment to take care of the child, but the other parent cannot be deprived of the responsibility for the child. Guardianship of children. Because the guardianship of grandparents (grandparents) is a supplementary guardianship, when the supplementary guardianship exercised on the basis of entrustment conflicts with the guardianship stipulated by another law, the guardianship shall have priority and shall be exercised by the other spouse of the husband and wife. . Of course, the situation where both parents go out to work and jointly entrust their grandparents (grandparents) to exercise custody should be excluded here.

According to the second paragraph of Article 27, only when the parents are deceased or have no guardianship ability, can someone else act as guardian. Therefore, the guardianship of the parents over the minor children is the first, unless the parents are dead, incapable of guardianship, or the legal rights and interests of the minors are violated and the guardianship is cancelled by the people's court, no one else has the right to restrict or deprive the parents of the minors. guardianship of persons.

The first paragraph of Article 1086 of the Civil Code of the People's Republic of China stipulates: "After divorce, the father or mother who does not directly support the children has the right to visit the children, and the other party has the obligation to assist. "From this, it can be seen that the subjects who enjoy the right of visitation are "the father or mother who does not directly raise the children". The occurrence of the right of visitation is based on the dissolution of the marriage relationship between the parents, and the necessary condition for not directly raising the children. .

But in real life, it is reasonable for grandparents (grandparents) to visit their grandchildren (grandchildren), although the visitation rights of grandparents (grandparents) are not within the scope of legal adjustment, just as the right to cohabitation in husband and wife relationship is not the "People's Republic of China" The adjustment scope of the Marriage and Family Section of the Civil Code is the same. Because according to Chinese traditions, the relationship between grandparents and grandchildren is very close, and guaranteeing the visitation rights of grandparents (grandparents) to visit grandchildren (grandchildren) is beneficial to the physical and mental health of minor children, and is also in line with our country's family ethics. Therefore, grandparents It is natural for (grandparents) to visit grandchildren (grandchildren), and under certain circumstances, the right to visit grandparents (grandparents) may be allowed.

1. The Marriage and Family Code of the Civil Code of the People's Republic of China only stipulates the basic norms that people must abide by in the field of marriage and family, and there are many problems that need to be adjusted through moral norms and customs.

According to the provisions of the Marriage and Family Section of the Civil Code of the People's Republic of China, the subjects who enjoy visitation rights are only the parents (mothers) who do not directly raise their children. to protect their rights to visit and inspect. Therefore, it is usually not within the scope of the law for a grandparent to sue for a visit to a grandchild. However, under certain circumstances, it has practical significance. If grandparents (foreign) grandparents fulfill their support duties on behalf of their deceased or incapable children in accordance with the provisions of the "Civil Code of the People's Republic of China" on Marriage and Family, the people's court will support them to visit their (foreign) grandchildren in trial practice lawsuit claims.

2. Granting grandparents (outside) grandparents visitation rights is beneficial to make up for the lack of emotional communication between minors and maintain the harmony and stability of kinship.

Grandparents (outsides) Grandparents and grandchildren (grandchildren) have natural blood connections and have common emotional needs. Visiting is conducive to emotional comfort and communication between the two parties. This kind of family interaction is conducive to the mental health of minors. With good health, it is conducive to the healthy growth of minors.