家庭教育指导的司法化及其适度调试——以《家庭教育促进法》的实施为背景

Judicialization and the Need for Adequate Adjustment in Family Education Guidance:An Analysis in the Context of Implementing the Family Education Promotion Law

《家庭教育促进法》施行后,我国家庭教育指导的司法化色彩趋于浓厚,集中表现为由司法机关主导设立家庭教育指导机构、在庭审中增设家庭教育指导环节、发布家庭教育指导类文书等。司法机关的积极探索促进了家庭教育指导联动机制的形成和发展,但亦出现了职能承担的过度延伸、形式规范的轻重失衡以及效力追求的理想化趋势。为予适度调试,司法机关应在指导机构的设立上遵循立法规定的配合性定位、从主导回归至辅助,同时着力推进指导类文书的规范化和统一化,而对其效力则应摒弃单一的强制推行思路,将重心置于家庭教育指导与人身安全保护令等相关制度的衔接上。

Since the implementation of the Family Education Promotion Law,there has been a noticeable increase in the judicialization of family education guidance in China.This includes the establishment of family education guidance institutions led by judicial organs,the incorporation of family education guidance elements in court proceedings,and the issuance of family education guidance documents,among other developments.The proactive engagement of the judiciary has facilitated the establishment and development of a linkage mechanism for family education guidance.However,this expansion has also led to certain challenges,such as an excessive extension of functions,an imbalance in the severity of formal norms,and an idealized trend in assessing effectiveness.To address these issues appropriately,the judiciary should align with the cooperative orientation outlined in legisl——ation.Specifically,they should transition from a leading role to a supportive one in establishing and staffing guidance institutions.Efforts should be made to promote the standardization and uniformity of guidance documents.Moreover,in terms of effectiveness,it is important to move beyond relying solely on coercive measures and instead focus on establishing connections between family education guidance and systems related to personal safety protection orders and other relevant systems.