家庭教育立法的正当性证成与基本框架设计

The Justification of Family Education Legislation and the Design of Basic Framework

家庭教育在个体发展与社会发展过程中起着基础性作用。未成年人道德水平下降、家长养育理念与技能落后反推家庭教育需通过立法的方式规范家庭与政府、社会、学校等外部关系。从家规到国法,家庭教育的公共性日益明显,中华民族家国文化的传承给予家庭教育立法可行性文化土壤。从政策到法律,家庭教育立法是法治社会发展的必然选择。地方九省家庭教育立法案的出台,为全国性立法奠定基础。基于家庭教育立法已证成其正当性,从法理基础、立法目的、立法内容层面,制定家庭教育立法框架,以提高家长亲职教育能力,促进未成年人健康成长,维护国家与社会长治久安。

Family education plays a fundamental role in the process of individual development and social development.The decline of juveniles’moral level and the backwardness of the concept and skills of parenting cultivation,which suggest that family education should regulate the external relations between family and government,family and society,family and school by legislation.From family rules to national laws,the publicity of family education has become obvious increasingly.The inheritance of Chinese national culture has provided cultural soil for the feasibility of family education legislation.From policy to law,family education legislation is an inevitable choice for the development of the society ruled by law.The promulgation of the family education legislation in nine provinces has laid the foundation for the national legislation.Based on the legitimacy of family education legislation,the legislative framework of family education is formulated from the aspects of jurisprudential basis,legislative purpose and legislative content,so as to improve parental education ability,promote the healthy growth of minors,and safeguard the long-term stability of the country and society.