义务教育阶段家庭教育权实施困境及对策

Study on Difficulties and Countermeasures of Implementation of Family Education Right in Compulsory Education Stage

家庭教育权是教育权利的重要组成部分之一,主要包括家长的教育选择权和教育参与权。义务教育阶段家庭教育权在实施过程中有诸多困境,概言之,即家庭教育权与国家教育权、学校教育权的冲突,追求教育公平产生的家长择校热,家长对教育权认识的不足及家庭教育权立法保障不足等。针对这些困境要有相应的解决措施,包括促进义务教育阶段学校多样化、保障家长择校权合法行使、建立相关家长参与制度、开展普及家庭教育权的活动,以及立法确立家庭教育权合法地位等。

The family education right is one of the important parts of the education right,including the parents’right to choose education and the right to participate in education.There are many difficulties in the implementation of the family education right in the compulsory education stage,such as the conflict between the family education right and the national education right,the conflict between the family education right and the school education right,the enthusiasm of parents in choosing schools arising from the pursuit of educational equity,the lack of parents’understanding of the education right and the inadequate legislative protection of the family education right.Corresponding measures should be taken to solve these difficulties,including promoting the diversification of schools at the stage of compulsory education,ensuring the lawful exercise of parents’right to choose schools,establishing a system of relevant parents’participation,carrying out activities to popularize the right to family education,and establishing the legal status of the right to family education by legislation.