On The Guarantee Of Minors’ Right To Learn——From The Perspective Of "Family-School Coeducation"

After the promulgation of the "Family Education Promotion Law",the collaborative education of families and schools has been established in the form of laws,becoming an important legal principle and guiding ideology for education.China’s education has opened up a new development pattern."family-school coeducation" requires that families,schools,and other entities cooperating with each other to fulfill their educational obligations,and jointly shoulder the responsibility for the growth and success of minors.It is necessary to use the interpretive theory to specifically analyze the impact of the legal actions of relevant entities in this educational model.We should conduct a standardized analysis on the joint exercise of educational rights and fulfillment of educational obligations by both families and schools,inspiring the systematic protection of minors’ learning rights.The main structure of this article mainly includes the following contents:The first chapter mainly studies the source of rights,basic concepts,and logical origin of "family-school co-education",thus laying a theoretical foundation for the analysis of the rights and obligations between various subjects.Parents and schools have the right to education for minors,which is embodied in "the right to family education" and "the right to national education".The right to family education precedes the right to national education.With the changes in social patterns,families gradually transfer their educational rights to the state."family-school coeducation" is a manifestation of the development trend of the right to family education and the right to school education from separation to integration.Based on the disadvantaged status of minors,the legislation of “family-school coeducation” presents an obvious "third jurisdiction" attribute.The right to learn is a fundamental right of citizens,and its value attribute is more suitable for the development needs of minors than the "right to education".This right generates corresponding obligations for the state and parents.They not only have to correctly fulfill their obligations but also have to improve their performance through cooperation.The second chapter mainly studies the legal relationship between minors and schools,as well as minors and their parents.The legal relationship between minors and schools is a mixture of public and private law.The private law legal relationship is based on education contracts,and the public legal relationship is based on public laws and regulations.Parents are important legal entities in educational legal relationships.Based on guardianship,Minors have the legal relationship of "the implementation of family education" with their parents.The third chapter mainly studies the protection of minors’ learning social rights in "family-school co-education".The social right attribute of learning rights corresponds to its beneficial right function.Parents have the right to participate in school education and teaching affairs,which is rooted in two aspects: one is the basic right attribute of family education rights,and the other is that the realization of minors’ learning rights requires the assistance of their parents.The realization of minors’ learning rights requires the State to provide payment in terms of learning opportunities,learning conditions,free education,and learning assistance.Parents can promote and supervise the implementation of the State’s payment obligations through individual or collective participation.Parents can play their role by participating in many activities such as school teaching,school protection,and school management,optimizing the allocation of educational resources,promoting educational fairness,and better protecting the social rights of minors to learn.The fourth chapter mainly discusses the protection of minors’ right to learning freedom in "family-school co-education".The attribute of the right to free learning corresponds to its defensive function.Schools that conduct family education guidance are a requirement of the objective value order function of the right to learn.Schools do not qualify as an administrative subject,and their family education guidance behavior is carried out as a "subject of social public power",which is to perform obligations on behalf of the country.The key point of safeguarding minors’ right to freedom of learning should be to prevent violations caused by parents’ improper exercise of their right or their neglect to fulfill their obligations.The state can protect minors’ right to freedom of learning through direct or indirect means.The fifth chapter discusses the remedy of minors’ learning rights in "family-school co-education".The learning right has a negative beneficial function,requiring citizens to obtain rights relief through various channels.The protection and relief of minors’ rights should follow the "due process principle","efficiency principle","proportionality principle",and "the principle of the best interests of the child".When a school infringes on the rights of minors,parents should act as guardians to protect their legitimate rights and interests on behalf of the minors or assist them in safeguarding their legitimate rights.They can remedy the rights of minors through appeals,administrative reconsideration,administrative litigation,administrative compensation,and other channels.When parents violate the learning rights of minors,schools should fulfill their "compulsory reporting obligation for minors to be infringed".