On The Constitutional Guarantee Of The Right To Family Education In China

Education methods are changing in today’s social development,and parents’ educational concepts are more widely open.They are no longer satisfied with the system of state education and the model of teaching institutions,and conflicts between parents’ right to education and the state’s right to education are inevitable.With the introduction of China’s Family Education Promotion Law,the legislation clarifies that the fundamental task of family education is to establish moral education and that family education is the responsibility of parents and their legal guardians to implement.In this law also evades the parents’ right to family education,more in stipulating the parents’ responsibility for family education,and it is an important research direction of this paper to explore a win-win situation when the conflict between the right to family education and the right to education of the state occurs in practice.In the context of comprehensively building a socialist state under the rule of law with Chinese characteristics,legislation on family education is particularly important.The obligation of family education,as a legal obligation,is enjoyed by parents and other guardians of minors,and when it is stipulated as an obligation,the right of parents to education should not be ignored as well.This paper firstly starts from the definition of the concept of "right to family education",analyzes its attributes and introduces its theoretical basis.Finally,based on the legislative loopholes in this regard,we propose to incorporate this right into the constitution and strengthen the government’s responsibility for it.