Research On Parents’ Educational Rights

With the promulgation of Family Education Law(Draft),the academic circles gradually put their eyes into the research of family education legal system.However,as the main body of family education,the research on the protection of parents’ rights is rare.In addition,due to the improvement of national quality,the acceleration of education democratization process and the improvement of parents’ education awareness,parents’ demands for their participation in children’s development and education are increasing.However,due to the insufficient legal protection,the lack of supporting policies,the lack of community support,the lack of scientific theoretical guidance and other reasons,the exercise of parents’ right of choice is restricted,the exercise of parents’ right of participation is a mere formality,and the parents’ education is ineffective.In order to make parents’ right to education get due attention,better protect the realization of parents’ right to education,and promote the legalization of family education,this paper proves the right of parents’ right to education,and studies its realization and guarantee.On the basis of clarifying the theory of parents’ right to education,this paper constructs and improves the theory of parents’ right to education from the perspective of educational law.First of all,it proves the parents’ right to education in theory,analyzes and demonstrates the term "parents" in legal concept,and finally defines parents as the parents or other guardians of minor children through combing and summarizing the laws and policies.Starting from the realistic and normative basis of the existence of rights,this paper demonstrates the source of parents’ right to education.Parents’ right to education comes from the date of their children’s birth.Due to the natural blood relationship between parents and children,it is a kind of original right and the core content of parental right.At the same time,due to the legal provisions,parents have the right to educate their children,so that parents’ right to education has a legal basis,which is a legal basic right,but also an important part of the right to education.Then according to the source of parents’ right to education,it is concluded that parents’ right to education is not only a natural right,but also a legal right;it is not only a positive right,but also a negative right.According to the nature of parents’ right to education,the structure and function of parents’ right to education are detailed.Parents’ right to education can be divided into the right to freedom of education,the right to participate in education and the right to ask for payment of education.Corresponding to the above three detailed rights,the three functions of parents’ right to education are derived: the function of defense right,the function of organization procedure and the function of request for payment.In the analysis of the dilemma and the realization of security,based on China’s basic national conditions,this paper combs and summarizes the domestic laws and policies,comprehensively draws on foreign advanced experience and practices,analyzes the specific reasons for the dilemma of the realization of parents’ right to education,and puts forward specific solutions from the four aspects of personal protection,national obligations,social cooperation and normative system,so as to provide reference for the family The realization of long-term education right is escorted.Specifically,it can be carried out from the following aspects: 1.We should establish mechanism and perfect system,and actively guide and strengthen guidance.Enhance parents’ awareness of participation and stimulate their enthusiasm for participation.2.Implement the national obligation of parents’ right to education.We should respect the dominant position of parents and the freedom of education,protect their right to education from the infringement of public power or the third party,and actively provide parents with the conditions to learn parenting knowledge.We can set up parents’ schools,provide parents’ training programs,give special financial support,and comprehensively promote parent vocational education.3.Strengthen the social protection of parents’ right to education.The community should take the initiative to intervene,the media should take the initiative to assume social responsibility,enterprises,institutions and social organizations should actively participate,and social workers and volunteers should form an effective supplement.In order to meet the diversified needs of parents and create a good environment for the full realization of parents’ right to education.4.Improve the normative system of parents’ right to education.We should improve the family education law,clarify the parents’ right to education,and introduce relevant supporting policies to implement the parents’ right to education.To sum up,the realization of parents’ right to education needs the effective cooperation among individuals,schools,the state and society.The national obligation in the realization of parents’ right to education is particularly important,which is the key to the realization of parents’ right to education.In order to make the full realization of the parents’ right to education possible,we need to build a more standardized system to guarantee the system,further think about the source and nature of the parents’ right to education,and do not let the parents’ right to education become castles in the air.