《家庭教育促进法》实施机制的基本构造及其系统构建研究

Research on the Basic Structure and Systematic Construction of the Implementation Mechanism of the Law on the Promotion of Family Education

《家庭教育促进法》是一部赋能家长的法律,具有三个主要特征:优先尊重家庭教育的自主性,重点保障家庭教育的公共性;重点调整家庭教育支持关系,兼顾家庭教育实施关系与干预关系;以倡导性规范指引家长教育行为,以强制性规范保障国家和社会支持。围绕赋能定位,根据机制实现之具体法律目标的不同,该法实施机制的基本构造包括:确保家长自觉履行家庭教育责任的自愿机制、确保家长能够获得国家与社会提供之家庭教育支持的服务机制、确保家长家庭教育违法行为得到及时干预的强制机制。应系统构建该法的实施机制:加强薄弱机制建设,推进整体构建;协调机制间的相互关系,促进协同联动;重视机制的动态调整,增强系统回应。

The Law on the Promotion of Family Education is a law empowering parents,possessing three main characteristics:prioritizing the autonomy of family education,putting the emphasis on ensuring the public nature of family education,focusing on adjusting the the support relationship of family education,and balancing the relationship of family education implementation and intervention;so as to guide parental educational behavior with advocacy norms,and guarantee the state and the social support with mandatory norms.Based on the law’s positioning of empowerment,and specific legal goals achieved by the mechanism,the basic structure of its implementation mechanisms include the voluntary mechanism which ensures the parents to voluntarily fulfill the responsibilities in family education,the service mechanism which ensures the parents to gain the support of family education from the state and the society,and the intervention mechanism which ensures the parents to get timely intervention in their illegal behavior in family education.The implementation mechanisms should be systematically constructed,that is,enhancing weak mechanisms to promote overall construction,coordinating the correlations of the mechanisms to promote their collaboration,and attaching importance to the dynamic adjustment of the mechanism to enhance system response.