How to compact parental responsibility has become a difficult point in system design The
draft family education law is expected to be submitted for deliberation this year to promote the resolution of the problem of "raising but not teaching"
□ Our reporter Pu Xiaolei
Recently, the Nanhai police in Foshan, Guangdong received a report from a mother that a 7-year-old daughter had stolen something in a shopping mall. At first, no matter what the girl's mother and the shop assistant asked, the little girl just refused to admit it. So, my mother chose to call the police, hoping to teach her daughter a lesson. Under the persuasion and education of the police, the little girl finally admitted that she could not hold back a few small toys. Afterwards, the girl’s mother paid compensation based on the original price of the goods.
In this regard, tens of thousands of netizens are arguing. There are those who recognize, there are those who oppose, and there are those who worry about leaving a psychological shadow on the little girl... The debates of different opinions put the topic of family education on the hot search list of public opinion.
"Tens of thousands of netizens were able to participate in the discussion on this topic, indicating that family education is getting more and more attention, and it also shows that there are still cognitive deficiencies in family education in our country. Facts have once again proved that the promotion and popularization of scientific family education has become more and more urgent. It is becoming more and more important to formulate the Family Education Law to strengthen the guidance and protection of family education.” said Zhou Hongyu, deputy to the National People’s Congress and dean of the Yangtze River Education Research Institute.
In the 2020 legislative work plan of the Standing Committee of the National People's Congress, the Family Education Law is included in the preparatory review items. Experts involved in the drafting work told reporters of the "Rule of Law Daily" that the current draft for soliciting comments has been initially completed and is undergoing further revision and improvement, and strives to submit it to the Standing Committee of the National People's Congress for deliberation this year.
“In the Law on the Protection of Minors, family education is a core component of guardianship, and it needs to be clarified through special legislation, which stipulates how to implement family education and how the state supports and intervenes. The formulation of a family education law is both The requirement to build a legal system for minors is also a legislative measure that adheres to problem orientation and responds to social concerns." said Yuan Ningning, an associate professor at China University of Political Science and Law.
Many parents "value knowledge and despise morality"
In Yuan Ningning's view, the formulation of the Family Education Law has two purposes: the need to build a legal system for minors; and the need to solve the problem of "raising without education".
Yuan Ningning believes that to build a legal system for minors, it is necessary to take the law on the protection of minors as the command and separate legislation for minors as the core pillar. In the "Family Protection" chapter of the Law on the Protection of Minors, the core issue is guardianship, and the core issue of guardianship is family education. Designing the system of family education through separate legislation is the proper meaning of building a legal system for minors.
"On the issue of guardianship, the law on the protection of minors mainly addresses the issue of'birth but not support', while family education legislation mainly addresses the issue of'raising but not education'. In practice, parents or other guardians' The problem of'non-teaching' is more prominent. Either lacks the knowledge, ability, and awareness of family education, or deliberately fails to perform the duties of family education. These problems need to be regulated by law." Yuan Ningning said.
During this year's National People's Congress, Zhou Hongyu submitted a proposal to formulate a family education law. During his investigation, he noticed that most of the public still have many problems in family education awareness.
Many parents "valuate knowledge and despise morality", are overly pampered, protected, laissez-faire, and neglect the cultivation of their children's good personality and behaviors. Juvenile crimes are on the rise, and they are developing towards a younger age; many parents lack experience in educating their children , Especially there is no good way to guide the children's mental health...With the development of China's social economy, new situations and new problems continue to appear in family education.
"Especially under the influence of the epidemic, many parents found when they were bringing their children at home that they really couldn't cope or educate. This is a special background this year. Under such circumstances, it is advisable to enact a family education law as soon as possible. It is very specific and realistic." Zhou Hongyu said.
Zhou Hongyu pointed out that the problems in family education must be taken seriously, and family education legislation should be put on the agenda in time. Only in this way can family education in our country be professionalized, scientifically and legally developed as soon as possible under the protection of the rule of law.
Let parents perform their family education duties
What kind of institutional design must be made in the family education law formulated to solve the problem in order to live up to public expectations?
Yuan Ningning believes that to achieve this, a hot and difficult problem needs to be solved-to compact parental responsibilities.
"There is no doubt that in family education, parents or other guardians should be the subject of responsibility. Therefore, family education legislation should focus on the guidance and influence of parents or other guardians on minors, and then design the system around this core issue, including How to guide, how to promote, how to intervene, etc." Yuan Ningning said.
"The reason why it is difficult to consolidate parental responsibilities is that family education has the characteristics of autonomy and privacy. This requires the government, schools, and society to grasp the standards when promoting and intervening, and it must play a role in promoting. , And can’t over-intervene.” Yuan Ningning said.
In addition to grasping the standards, another difficulty in "compacting parental responsibilities" is how to make a hierarchical, progressive, and systematic system design.
"If parents or other guardians have problems in the process of implementing family education, after the relevant units and departments have adopted a series of interventions, there are still acts of refusing to implement family education or improper implementation of family education, at this time, how to pass the law The form of responsibility, allowing parents to perform their duties of family education normally, has become a difficult point in this law." Yuan Ningning said.
Yuan Ningning believes that measures such as warnings and fines for parents or other guardians should be used as a last resort. Moreover, punishment is not the purpose. The purpose is to let the guardian know the mistake and correct it through these measures, so as to better perform the guardianship duties, so as to realize the original intention of the legislation.
"It needs to be pointed out that state intervention in family education is not to control the family, but to provide the family with systematic, professional and scientific guidance and comprehensive, adequate and diversified guarantees, and to provide families with special families such as left-behind children. Adults receive the necessary support for education, use legal means to regulate the behavior of parents and educational service organizations, and further improve the quality of parents." Zhou Hongyu said.
The state should intervene when necessary
In family education, there is no doubt that the parents or other guardians of minors are responsible for implementing family education. But at the same time, the government, schools, and society must also provide corresponding support and guarantees, and the state must intervene in time when problems arise in family education. Only in this way can the high-quality development of family education be truly realized.
"On the one hand, family education is an internal affair of the family, which is very private, and should respect the autonomy of the guardian, and provide necessary support and guarantee for family education to improve the level of family education of parents and other guardians; another On the one hand, family education trains future builders. If it is not well trained, it may affect the development and interests of society, and even endanger society. Therefore, this requires the state to use compulsory education when serious problems occur in family education. Means intervene." Yuan Ningning said.
Yuan Ningning believes that considering family education has the dual characteristics of privacy and publicity, family education legislation should determine such a legal relationship-the minor’s parents or other guardians are the main body responsible for implementing family education. The government, schools, and society provide support for family education and promote family education. When necessary, the state intervenes in family education.
Zhou Hongyu also believes that while the Family Education Law clarifies the responsibilities of parents or other guardians, it must also clarify the responsibilities of the government, schools and other relevant entities, so as to ensure that the law is more operative.
"Clarify the status and role of parents as the first responsible person in family education, and stipulate the rights, responsibilities and obligations of the subject of family education. Strengthen the government's responsibility in promoting the development of family education. More family education in rural areas should be given Support and investment; for family education issues such as left-behind migrant children and disabled children, there should be special provisions to give them special care." Zhou Hongyu said.