论父母教育权与未成年子女权利的冲突

On the Conflicts between Parents’Educational Rights and Minor Children’s Rights

未成年子女权利和利益的独立化以及父母与未成年子女之间一方权利不存在绝对优先性,是父母与未成年子女权利冲突的前提。父母教育权与未成年子女权利冲突主要表现在以下三方面:父母教育手段决定权与未成年子女身体权的冲突,父母教育内容决定权与未成年子女思想、道德、宗教信仰自由的冲突,父母教育方式选择权与未成年子女受教育权的冲突。针对前述冲突,文章在借鉴域外立法经验的基础上,结合我国实际情况,提出相应解决路径。

The independence of the rights and interests of minor children and the absence of absolute priority between parents and minor children are the prerequisites for the conflict of rights between parents and minor children.The conflicts between parental education rights and the rights of minor children are mainly manifested in the following three aspects:the conflict between the parental right to determine educational means and the physical rights of minor children,the conflict between the parental right to determine educational content and the freedom of minor children’s ideological,moral,and religious beliefs,and parents The conflict between the right to choose education mode and the right to education of minor children.In response to the aforementioned conflicts,on the basis of drawing on the experience of extraterritorial legislation,combined with the actual situation in my country,a corresponding solution path is proposed.