Research On State Obligations In Family Education

Family is the carrier of social culture,and the essence of family education is to transmit social culture.With the introduction of the ’ Family Education Promotion Law of the People ’s Republic of China ’,family education has increasingly entered the track of standardization and legalization.From the perspective of the legislative process,the law has been greatly modified from the draft to the final draft,which is not only reflected in the change of the name of the document specification,but also in the substantial content.Naturally,from the name of ’ promotion law ’,it can be seen that the basic purpose of the law is to respond to and solve practical problems;however,it is worth pondering that the repeated revision of the draft obviously reminds us that we should not make such a simple and arbitrary judgment on a legislation.The substantial revision of the content highlights the hesitation of legislators in the face of whether the law can intervene in the ethical living space.Indeed,family education is indeed a field of private law autonomy from the general concept.Furthermore,how parents or other guardians implement family education for minor children is purely the internal affairs of the family in our traditional concept,and the state needs to leave room for autonomy.Although this idea still exists in the realistic concept,the traditional society has become history after all.Now we need to look at the problem of family education from the perspective of modern civilization,so it is not difficult to find that family education is sprouting some new features.On the one hand,from the perspective of modern rule of law,parents or other guardians and minors are not fully embodied in a personal attachment relationship,but in a guardianship relationship based on the premise of personality independence,that is,in family education.The rights of minors should be fully considered;on the other hand,in modern society,families gradually show certain social public characteristics.With the socialization of production,human socialization has become an irresistible trend of the times.Family education can promote the completion of human socialization.In view of this,on the basis of clarifying the specific connotation and basic characteristics of family education and state obligations,this paper examines the path choice of family education development from the perspective of state obligations,and tries to logically prove the necessity and rationality of state obligations in family education from three dimensions: theoretical origin,normative basis and practical appeal.In the systematic implementation of the national obligation system of family education,based on the perspective of ’ civil rights-national obligations ’,the abstract logical national obligation system is integrated into the realistic path of developing family education from three aspects: respect obligation,protection obligation and payment obligation.Firstly,it analyzes the ideal connotation of the national obligation of family education from the perspective of the proper meaning of the national obligation of family education.Secondly,it analyzes the actual situation and shortcomings of its implementation and performance in combination with the current legislative norms.Finally,it puts forward the idea of targeted improvement measures.Among them,the state ’s obligation to respect not only means fully respecting parents’ right to education on the basis of fully recognizing the particularity of family education,improving parents ’ education level and ability through family education counseling institutions,but also means fully respecting the legitimate rights and interests of underage children in the ultimate value goal;the national protection obligation puts forward systematic requirements from the aspects of constructing the legal system of family education,mobilizing specific government departments to actively fulfill their protection responsibilities and improving infringement relief measures.As a specific obligation,the obligation to pay plays a key role.The state not only needs to help the families in distress at the material level,but also needs to provide diversified,specific and professional family education guidance services in family education.Only in this way can we grasp the key point of improving family education ability and play an important role in promoting the comprehensive and healthy growth of minors and promoting the balanced and coordinated development of family education.Of course,the implementation of state obligations cannot be separated from the corresponding urges and means,so it is necessary to put forward a systematic guarantee path choice.First,the need to integrate family education.