家庭教育立法应是一部教育法

Family Education Legislation Should Be an Education Law

  • 摘要: 《中华人民共和国家庭教育促进法》(简称《家庭教育促进法》)的颁布,标志着家庭教育从传统“家事”领域正式步入“国事”范畴,具有里程碑式的意义。从现行法律的调整主体与机制看,《家庭教育促进法》属于社会法部门。然而,社会法的立法定位使该法面临极大的实施困境:立法设计的“繁荣”与实践需求间存在偏差,诸多责任主体缺乏必要的专业支撑与履职能力;立法未明确专责主管部门,家庭教育事业推进中的资源投入和执行力量欠缺;立法停留于家庭教育的概念与原则,法律责任落实缺乏实质性保障。家庭教育因其自身特性而衍生出制度层面的特殊诉求:家庭教育及其指导具有高度专业性和复杂性,立法应着重对具备专业性与实施能力的主体及其行为作出明确规定;鉴于家长实施家庭教育“客观不能”的社会现实与便利性需求,立法应充分考量学校主体在家庭教育事业推进中的重要作用;基于家庭教育的自主性,立法应平衡父母的亲权与国家亲权;基于家庭教育的内部性,立法应加强对义务教育在家教育的质量监管。家庭教育立法应回归其教育法律属性,以回应当前法实施的困境:明确教育行政部门为家庭教育的单独主管机构,妇联作为协调实施的辅助单位;确立学校在家庭教育支持体系中的关键主体地位,协助家长切实提升家庭教育能力;健全家庭教育服务机构的规范化制度,为家庭提供丰富且信实的服务资源;阐明外部介入家庭教育的原则与限度,以尊重与支持父母为立法本色;平衡家庭教育的内部性与公共教育责任,建立健全在家教育的监督与评估机制。

     

    Abstract: The promulgation of the Family Education Promotion Law marks a milestone in the transformation of family education from a matter traditionally confined to the private domain of "family affairs" into one elevated to the realm of "state affairs". From the perspective of its regulatory subjects and mechanisms, the Family Education Promotion Law belongs to the category of social law. However, this legislative positioning has generated significant challenges in implementation. A divergence persists between the "prosperity" of legislative design and the practical demands of implementation: many responsible entities lack the necessary professional support and capacity to perform their duties; the law fails to designate a specialized competent authority, resulting in inadequate resource allocation and enforcement capacity for advancing family education; and its provisions largely remain at the level of concepts and principles, with insufficient substantive guarantees for the fulfillment of legal responsibilities.The inherent characteristics of family education give rise to particular institutional demands. Given the highly professionalized and complex nature of family education and its guidance, legislation should explicitly regulate the conduct of subjects with professional expertise and implementation capacity. In view of the social reality of parents' "objective inability" to fulfill educational functions and their need for convenience, legislation should fully account for the critical role of schools in advancing family education. With respect to the autonomy of family education, legislation must balance parental authority with the state's parens patriae role. Furthermore, in light of the internal character of family education, legislation should strengthen quality supervision over homeschooling within compulsory education. Accordingly, family education legislation should return to its essential nature as educational law in order to address current implementation dilemmas. It should: designate education administrative departments as the sole competent authority for family education, with the All-China Women's Federation serving as an auxiliary coordinating body; establish schools as key actors in the family education support system, assisting parents in substantially enhancing their capacity for family education; improve the regulatory framework for family education service institutions, thereby providing families with diverse and reliable service resources; clarify the principles and limits of external intervention in family education, with respect for and support for parents as the core legislative tenet; and balance the internal autonomy of family education with the public responsibility of compulsory education by establishing robust mechanisms for the supervision and evaluation of homeschooling.

     

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