Research On The Function Of Judicial Organs In Family Education In China

Starting from January 1,2022,the "Family Education Promotion Law" was officially implemented,marking the rise of family education from "family affairs" to "national affairs" and the official opening of the era of legal childcare.If family education is not appropriate,the family will become "cancer cells",and social organisms will also become cancerous.It is necessary to explore how to better utilize the functions of judicial organs in family education in China,in order to continuously convey the "nutrients" of the rule of law to the "seedlings" of the motherland,and to safeguard the safe and healthy growth of minors.This article first analyzes the basic concepts of family education,and then specifically discusses the involvement of the judiciary in family education based on the theory of government responsibility and the theory of state parental power.At the same time,it sorts out the development process of the judiciary’s function in family education in China.Then,it studies the specific functions of the judiciary in family education in China-education,guidance,and compulsory functions.Through an analysis of the current situation,It has been found that there are still the following factors that restrict the functioning of the judiciary in family education:firstly,the lack of unified document norms affects the standardization of the functioning of the judiciary;Secondly,the unclear guidance methods for family education affect the targeted functioning of judicial organs;Thirdly,the situation of intervention in family education needs to be refined,which affects the practicality of the judicial organs’ functions;Fourthly,the lack of responsibility to receive family education guidance affects the rigidity of the functioning of judicial organs;Fifth,the lack of a clear mechanism for testing the effectiveness of family education guidance affects the effectiveness of the judicial organs’ functions;Sixth,the lack of a linkage mechanism affects the synergy of judicial functions.Finally,suggestions for improving the constraints include: firstly,unifying and standardizing family education guidance documents;Secondly,clarify the guidance methods for family education;Thirdly,refine the situation of judicial intervention in family education;Fourthly,supplementary disciplinary measures should be taken against guardians who refuse to receive family education;Fifth,establish a clear mechanism for testing the effectiveness of family education guidance through effective follow-up and evaluation mechanisms;Sixth,build a new type of linkage mechanism.