父母履行家庭教育责任的法律困境与合作治理

The Legal Dilemma and Collaborative Governance in the Fulfillment of Parental Responsibilities in Family Education

《家庭教育促进法》颁布实施后,如何监督和保障父母履行家庭教育责任既是法律实施的核心任务,也是推进家庭教育法治研究的重要议题。从当前父母不履行或者怠于履行家庭教育责任的司法案件来看,父母履行家庭教育责任面临诸多法律困境,主要表现在家庭教育责任的内容缺乏可操作性,家校社共育的责任边界尚未划定和家庭教育行政执法尚付阙如。为了破解父母履行家庭教育责任的法律困境,实有必要引入合作治理的思路,推进家庭教育责任能力评估、家庭教育指导供给和家庭教育令裁定执行等事项的合作,从而保障和促进父母的家庭教育责任落到实处。

Since the promulgation and implementation of the Family Education Promotion Law,supervising and ensuring parental fulfillment of family education responsibilities has become a core task of the legal implementation and an important issue in promoting the study of the rule of law in family education.Examining judicial cases where parents fail to fulfill or neglect their family education responsibilities,it is evident that parents face numerous legal dilemmas,mainly manifested in the lack of operational clarity regarding the content of family education responsibilities,the absence of defined boundaries for collaborative responsibilities among families,schools,and societies,and the inadequate enforcement of family education administrative regulations.In order to solve the legal dilemma associated with parental fulfillment of family education responsibilities,it is necessary to introduce the concept of collaborative governance,promote collaboration in the assessment of parental capacity for family education responsibilities,the provision of family education guidance,and the implementation of family education orders,ultimately ensuring the fulfillment of parental responsibilities in family education.