论家庭教育立法的逻辑起点与核心要义

On the Logical Start Point and Essence of Family Education Legislation

“家庭教育权说”和“未成年人学习权说”这两种关于家庭教育立法逻辑起点的代表性观点均有不合理之处。应将未成年人发展权作为家庭教育立法的逻辑起点,这既符合现代亲子关系的子女权益本位原则,又能全面涵摄家庭教育活动所要实现的未成年人身心发展利益。结合法律逻辑推理和立法现实两方面的情况,家庭教育立法的核心要义在于为家长赋能,应重点围绕提高家长的家庭教育能力来构建相应的法律制度,明确国家、社会等相关主体在为家长提供支持尤其是家庭教育指导过程中的权利和义务。

The two typical views about the logical start point of family education legislation which are"the theory of right of family education"and"the theory of minors’right to learning"are unreasonable.The logical start point of family education legislation should be minors’right to development so that it not only accords with the principle of children’s rights standard in modern relation between parents and children but also completely covers all the interests of minors’physical and psychological development that family education is to realize.Based on the legal logical reasoning and the realities the legislation faces,the essence of the legislation should be enabling the parents,that is,the legal systems ought to be constructed to the improve parents’ability of family education and define the rights and obligations of the related subjects such as the state and society for supporting parents especially in providing family education guidance service.