Research On Family Education Order System

Family education is not only a private domain of the family,with its gradual socialization,it has risen from the private domain of "family affairs" to the public domain of "state affairs".The turning point of this phenomenon is the introduction and implementation of the Family Education Promotion Law of the People’s Republic of China on January 1,2022.The family education order is the compulsory family education guidance system for the derelict guardian which appears with the application of the law.In actual cases,the family education order may be issued when minors carry out serious bad behaviors or illegal and criminal behaviors,when parents or other guardians’ improper guardianship leads to the loss of minors’ rights and interests,and when the couple divorces and other circumstances may not be conducive to the healthy growth of minors.The family education order system is conducive to preventing minors from committing illegal and criminal acts again,and is conducive to guiding parents or other guardians to correct improper family education concepts and behaviors,so as to meet the practical needs of families with problems involving minors for family education guidance.But any young legal system is not sound,it needs to go through a process of repeated practice test,gradually mature and finally return to practice.Based on the application examples of the family education order system collected,it is found that there are still many problems in practice,which can not play an immediate effect as imagined.Among them,the application subject is confused and unclear,the application situation is unclear,the application content is too general,and the implementation guarantee is not enough.Therefore,in view of the above problems,to put forward some suggestions on the improvement of the family education order system,so that it can play its role more effectively,so that the socialist successors can grow up healthily is an urgent problem to be solved at this stage.Problem-oriented,this paper will first clarify the definition,basic characteristics,legal nature and theoretical origin of family education order through the method of literature research,so as to lay a certain theoretical foundation for the analysis of its application process in the following paper.Secondly,50 cases of family education orders collected will be analyzed and studied by means of empirical research,including 13 cases concerning juvenile delinquency,19 cases concerning divorce between husband and wife involving minors,13 cases concerning custody,visitation and maintenance disputes of minors after divorce,and 3 cases concerning infringement of minors’ rights and interests.And two cases involving domestic partnership child support disputes.This paper will sort out and compare the subject,object,content and implementation guarantee of the application in the above cases one by one,dissect the problems existing in the application process of family education order,try to use the method of comparative study,combined with the system and practical experience in Taiwan and outside the region,etc.Explore the possibility of perfecting the above drawbacks in the application level of family education order.Specifically,in terms of the subject of application of family education order,the decision subject should be fully clarified and the rights and responsibilities of the decision subject of family education order should be clarified,on this basis,the implementation subject of family education order should be clarified and the responsibilities among the implementation subjects should be reasonably coordinated.In terms of the applicable object of family education order,the category of applicable object should be standardized to make it more targeted.In terms of the application content of family education order,first of all,we should strictly refine the content range of family education,and then set up special and individual family education guidance activities according to the individual cases,so as to avoid formalization of family education.Finally,in terms of the guarantee of the execution of the family education order,it is necessary to enrich its execution methods,clarify its execution period,and build a supervision system and evaluation system conducive to the normal implementation of the family education order,so that the family education order can play its role more effectively.