家庭教育的权责分析与法理分析——《家庭教育促进法》的立法逻辑

Analysis of the Rights and Responsibilities and Legal Principles of Family Education—The Legislative Logic of the Family Education Promotion Law

长久以来,在家庭教育问题上存在权利与义务、私权与社会权的争论。《家庭教育促进法》的颁布实施,适时地回答这两种争论。作为一种促进法,《家庭教育促进法》充分尊重并保障家庭教育的天然性。同时,具有权利和义务的双重属性的家庭教育,国家的指导、统筹和补充又极有必要。厘清家庭教育权利与义务之间的关系、家庭教育作为私权与社会权之间的关系,有利于更好地发挥家庭教育,促进社会发展的工具性价值和促进个人自我实现的内在价值。

For a long time, there have been debates on rights and obligations, private rights and social rights in family education. The promulgation and implementation of the Family Education Promotion Law timely answers these debates. As a promotion law, the Law fully respects and guarantees the nature of family education. At the same time, family education with dual attributes of rights and obligations requires guidance, coordination, and supplementation from the country. Clarifying the relationship between the rights and obligations of family education, as well as the relationship between family education as a private right and social right, is conducive to better realizing the instrumental value of family education in promoting social development and the intrinsic value of promoting individual self realization.