The draft family education law is submitted to the NPC Standing Committee meeting for the first review

　　The state can intervene in family education when necessary

　　□ Trainee reporter Zhang Shoukun

　　□ reporter Wang Yang

　　Family education has always been a hot topic of social concern.

On January 20, the draft family education law was submitted to the 25th meeting of the 13th National People's Congress for the first review.

　　The draft proposes that the parents or other guardians of minors are the main body responsible for implementing family education.

When necessary, the state intervenes in family education.

At the same time, the draft stipulates that family education shall not have any form of domestic violence; divorce shall not neglect the fulfillment of family education responsibilities; and refuse "widowed parenting".

　　Experts interviewed by the "Rule of Law" believe that although family education legislation looks good, the vitality of the law lies in its implementation.

Some controversial issues are not clearly stated in the draft, and some of the requirements put forward are too principled and not specific enough, and some are difficult to operate in reality. This should be further optimized and improved to ensure the effectiveness of the law.

　　Draft responds to social concerns

　　Explicit intervention system

　　Recently, the draft family education law was submitted to the Standing Committee of the National People's Congress for deliberation.

The draft includes general provisions, implementation of family education, promotion of family education, intervention of family education, legal responsibilities, and supplementary provisions. There are 52 articles in six chapters, which stipulate the basic principles of family education work, the government's leadership system for promoting family education work, working mechanisms and safeguard measures , But also clarified the family education intervention system.

　　It is worth noting that the draft has a separate chapter on family education intervention, giving schools, village (resident) committees, parents or other guardians the power to criticize education and supervision, and clarify that public security organs, people’s procuratorates, and people’s courts interfere with family education. Circumstances and main measures, and make specific provisions on the implementation of mandatory family education guidance.

　　According to the observation of a reporter from the Rule of Law Daily, although the overwhelming majority of the voices on the Internet are enthusiastic about this, some people have also raised questions: family education should be a family affair. Does the public power interfere too much with family education legislation?

　　Chu Zhaohui, a researcher at the Chinese Academy of Educational Sciences, told the reporter of the Rule of Law Daily that family education itself is a matter of the family. Even if there is no family education law, the main body of responsibility for family education is the parents and guardians. This is not disputed.

It's just that in recent years, many social problems, such as the increase in juvenile crimes, are related to family education.

　　Chu Zhaohui said that as the saying goes, "The son does not teach, the father's fault." In the past, this may have been just a moral requirement.

But in a society ruled by law, it is necessary to pass laws to clarify the responsibility of family education.

For this reason, the draft sets up a chapter on the implementation of family education before family education intervention, clarifies the legal responsibility of parents or other guardians to implement family education, puts forward requirements for them to improve family education capabilities, create a good family environment, and set forth the content and methods of family education Make guidelines and regulations.

　　A reporter from the "Rule of Law Daily" found that when the draft stipulates that parents implement family education, it does not make mandatory provisions. Instead, it is an advocacy provision that citizens can choose to educate their children.

Only when parents or other guardians refuse or neglect to fulfill their family education responsibilities, or implement family education improperly, leading to deviations in children's behavior, and when parents or other guardians infringe upon the legal rights and interests of minors in the process of family education, the state will Will intervene in family education and carry out related interventions.

　　Serious lack of family education

　　Easy to cause social problems

　　Zhang Wei (pseudonym) is 13 years old this year and is on the first day of the middle school. After his parents divorced, they both worked in the south. Zhang Wei was brought up by a grandmother who was nearly 80 years old.

The perennial lack of family education made Zhang Wei gradually rebellious, abandoning himself, forming gangs in school, and bullying his classmates.

In an incident that took the lead in deliberately assaulting a classmate, the victim suffered an ankle injury and needed assistive devices to go to school normally.

　　Yang Junnan, a policeman from the Taogou Police Station of the Yongqiao Branch of the Suzhou City Public Security Bureau, found in communication with Zhang Wei’s parents that there were serious problems with his family education: Zhang Wei’s mother swears at Zhang Wei on the phone without asking the reason; Zhang Wei’s The father also expressed impatience and even gave up the child.

Not long after the incident, when dealing with a police situation involving many people deliberately fighting, Yang Junnan found that Zhang Wei was in it again.

　　Yang Junnan told reporters from the Rule of Law Daily that the number of left-behind teenagers in Taogou Township has increased in recent years. Their parents have been working outside all the year round. The lack of family education has put these teenagers in a "stocking" state. Fights are more common.

Because they are under the legal age, apart from criticizing education and requiring strict parental discipline, the police have no better solution to this kind of situation. The introduction of the Family Education Law may give them more choices.

　　The draft family education law proposes to stipulate that if minors are imposed administrative penalties by the public security organs or are not subject to administrative penalties if they are under the legal age, the public security organs may discipline their parents or other guardians and, if necessary, make an order to improve family education.

Those who violate the order shall be warned by the public security organ and ordered to make corrections.

Those who refuse to make corrections may be fined not more than 1,000 yuan and detained for not more than five days according to the seriousness of the circumstances.

　　Li Mei, deputy head of the Juvenile and Family Tribunal of the People's Court of Donghai County, Jiangsu Province, told the reporter of the Rule of Law Daily that, according to years of experience in handling cases, the majority of juvenile criminal cases involved have problems with family education.

Mainly manifested as family incompleteness, parents going out to work, grandparents doting or poor supervision, and some children's parents have also committed crimes.

Most of the minors involved in the case cannot complete compulsory education, drop out of school at the junior high school stage, do nothing, make friends carelessly, form gangs, indulge in the Internet, withdrawn, cannot correctly identify the nature of their behavior, are easily influenced by others, and have a blind mind.

　　Li Mei believes that the draft is very necessary and timely for public security organs, people’s procuratorates, and people’s courts to intervene in family education and to guide mandatory family education.

"The several situations stipulated in Article 44 of the draft are common violations of the law by minors in judicial practice. Due to the age of criminal responsibility, some children may have committed serious violations of the law without being held criminally responsible. Prior to this, the judiciary was unable to interfere with it and could only let it go and finally embarked on a more serious crime path."

　　Chu Zhaohui said that because many families do not perform their family education responsibilities well, their children are on the road of crime. Family education issues bear an inescapable responsibility and need to be regulated and restricted by law.

　　Li Mei said that in the past, people generally believed that children’s education was a private matter of the family and that it was not easy for outsiders to interfere. However, with the development and progress of society, we should realize that children are not the private property of their parents and have independent personalities. The problem of family education is not only Family problems are also serious social problems and require the intervention and guidance of public power.

　　During the interview, Cheng Fangping, a professor at the School of Education of Renmin University of China, also believed that the public power to participate in education issues and other social issues is more secure.

　　The disciplinary boundary is not clear

　　Lack of detailed rules may be difficult to implement

　　In response to many Chinese parents' belief in "filial piety under the stick" in family education, the draft clearly stated that "family education must not have any form of domestic violence", which immediately became a hot spot of social concern.

　　The Anti-Domestic Violence Law defines domestic violence as physical and mental aggression between family members by means of beating, binding, mutilating, restricting personal freedom, and frequent abuse and intimidation.

According to the form of expression, it can be divided into physical violence, emotional violence, sexual violence and economic control.

　　Chu Zhaohui believes that from the perspective of the legislative spirit of the Family Education Law, this definition is obviously suitable for the Family Education Law being formulated.

However, some parents still have cognitive errors, thinking that it is necessary for children to beat and scold if they make a mistake, and it is okay to beat and scold occasionally.

　　Is this kind of "small hit and scolding" violent?

How to judge the "cold violence" that is different from the combination of fists?

The existing content of the draft does not solve all the public’s confusion about “violence”. Although the draft proposes a punishment plan for “unqualified” parents, it is limited to personal abilities and blood and emotional connections, and only a minority of children can actively report their parents In the end, most "unqualified" parents have to rely on self-discipline.

"After the violence in family education, there is no clear regulation on who told the relevant departments, and there is no one who may cause such things to happen at the source. This needs to be further optimized and improved." Chu Zhaohui said.

　　In online discussions about family education legislation, many working parents believe that the draft family education law ignores a problem that cannot be avoided in the current society: parents go to work and lack time for company, not to mention effective company.

Not only working parents, but full-time parents are also troubled. It can be said that few parents know how to teach their children legally.

　　Cheng Fangping said that whether the Family Education Law only applies to children in school education, how it relates to the Compulsory Education Law, whether adult education is applicable, and whether the elderly can get help if they want to learn, these need to be further clarified.

Regarding the division of responsibilities of some departments, the legislation cannot only say which departments are responsible, but it is not clear what exactly they do. The draft does not stipulate what punishment these departments will receive if they fail to perform their responsibilities. These all need to be further improved.

　　"It is the common responsibility of the whole society to protect the healthy growth of minors. The draft stipulates the situation and main measures of the public security law and other institutions intervening in family education, but the key lies in the implementation of supporting facilities and avoiding mere formality." Li Mei suggested, one is right The lack of family education has reached the situation stipulated in Article 44 of the draft. It is necessary not only to provide family education guidance to parents, but also to have special institutions or personnel to provide corrective education to children, because parents may be difficult to change, and children are more malleable; second, It is recommended that the minor victims found in the handling of cases with family education problems should be corrected together.

　　Cheng Fangping believes that family education legislation itself is a good thing, but the key is that the content can be implemented, so that the people feel that this is another important law that concerns education and lifelong after the Compulsory Education Law.

But the education department cannot only work hard—many of the laws and regulations promulgated in the past have become the laws of the education department. It is hoped that this time the family education law can truly become the law of the country and effectively promote the family by refining and clarifying the obligations and responsibilities of other departments. The rule of law in education.