| The concern and attention to the protection of the rights and interests of minors is a common theme of all countries in the world.Guardians play an irreplaceable role in the formation of the values and worldview of minors.China’s guardians’ obligatios to educate minors are stipulated in Constitution of the People’s Republic of China and Marriage Law of the People’s Republic of China,etc.However,the provisions of law on the guardians’ obligations are relatively principled.The current legal provisions are not very useful in the face of emerging educational problems in practice.With the development of the society,we must strengthen research on the guardians’ education in practice and in theory.This article intends to start with the various problems that appear in educating minors.Puts forward suggestions for the fulfillment of the obligations of guardians in educating minors in China that combined with the principle of the best interests of the child,and try to protect the interests of minors.This article has a total of about 20,000 words,and the main structure and views are as follows:The first part is mainly from the basic theory of the obligations of guardians in educating minors,and analyzes the legal origins in combination with ancient legislation and current legal provisions,and emphasizies the legality and irreplaceability of the obligations of guardians in educating minors.Next is the introduction of the connotation of the the obligations of guardians in educating minors.The contents of guardians’ education are clearly defined in the Law of the People’s Republic of China on the Protection of Minors and the Law of the People’s Republic of China on Prevention of Juvenile Delinquency.Finally,study the nature of guardians’ education for minors.The education of the guardians is both rights and obligations,but it is mainly compulsory and mandatory.The second part is mainly to summarize the main problems in the education of guardians in China in combination with the cases in practice.The absence of guardianship often occurs in real life,and seriously damage the rights of minors.At the same time,influenced by Chinese tradition,some guardians still believe that violent punishment is a reasonable form of education.It is not optimistic that the guardians’ effort to solve the problems of juvenile delinquency and addicted to the Internet,and also need social help.The third part proposes corresponding suggestions for improvement in the problemsarising from the practice discussed in the previous section.The principle of the best interests of the child should be included in our legislation.The child’s interests should be the primary consideration in the process of guardians’ performance of the education obligation.The principle of the best interests of child is the primary principle for dealing with issues related to family education for minors.In accordance with the principle of the best interests of the child,the guardian of the left-behind children and the education of the divorced parents and step-parents should be strictly guarded to the obligations of education to avoid the absence of guardianship.At the same time,it is emphasized that the education of minors should follow the requirements of protecting the legitimate rights and interests of minors and prohibiting the use of inappropriate education methods such as violence or insult.The guardians are responsible for non-fulfilment of educational obligations and improper education.Strengthens social support and supervision on the guarantee of the performance of guardians’ education obligations,and promots compulsory parenting education system across the country by learning from experience in practice.Social resources need to be included in the containment and community correction of minors who commit crimes,and network platforms and network operators also have to shoulder the responsibility of preventing the innocent network of minors.Promote the protection of the rights of minors with the support of the guardians’ education and social forces. |
