The Study On The Protection Of The Right Of Home Education

The protection and the realization of the right of home education is not only an important topic in constitutional and the rule of law theories, but also an important object pedagogy and education law theories concern about. Foreign scholar start studying the protection of the right of home education early, but the related theories spread to see mostly in analysis of the construction in the educational foundation theories, not much in the theories of the right of home education and its protection exclusively in the study. Different from west, because education law in China start researching late, there are also not enough research for education law relation, the thesis less mentioned the right of home education directly, fresh monograph and not much scholars who pay attention to the right of home education in the realm of constitution or administrational law. Based on this situation, this article tries to set out from the basic theories of constitutionalism or the rule of law, investigates the protection problem of the right of home education and provides theories guide for our country, integrated with the related theories that pedagogy and education law, referenced the practice of the right of home education in western countries under the rule of law, fixed attention on the protection present condition of Chinese the right of home education, used historical and comparative methods comprehensively. It falls into five sections: In the first section, the author will discourse on basic theories of the right of home education, including its conception and properties, the basic contents, theories basis and the value pursues, the core of the system. The article analyzes the conflict and tension between the right of home education and the national power of education from the perspective of right and power, freedom and order, equity and efficiency, and writer thinks that the protective basic path of the right of home education lies in realizing a reasonable and dynamic balance between the right of home education and the national power of education. To establish a balance between the two and realize check and balance in the true meaning, we must follow the principle which power is limited to controls the national power of education and protect the right of home education, follow the principle which the power is capable to urge sincerely the national power of education and realize the right of home education. In the second section, the author will take an empirical investigation on the protection of the right of home education. The article mainly introduces related legislative and system construction of western nomocracy, and acquires an inspiration from it; This section analyses the protection present condition of the right of home education and, thinks there are mainly some problems as follows: first of all, there is the lack of legal declaration; secondly, system that nearby to enter school limits parents' right to schooling choice; Thirdly, private education should be developed; The fourth, parents have no rights to participate in school management. In the third section, the article designs a system about the protection of the right of home education on the basis of the previous text. The author thinks there is a very special system background on the protection of the right of home education and to perfect the system of the protection of the right of home education, we should begin from the following aspects: The first is to declare the right of home education and lay legal foundation; The second is to limit the national power of education and prevent from the power offside and the abuse of power; The third is to improve the mechanism to express parents' interests and enhance the ability to express parents' interests; The fourth is rich forms of education and broaden the exercise of the right of home education; The fifth is to draw lessons from education certificate system and strengthen main position of the right of home education .