Study On The Regulation And Prosecution Of Parental Legal Liability In Family Education

In the context of family,family education and family style construction in the new era,incorporating the activities of parents in the family to educate their children into the field of rule of law is both a practical need to improve the education legal system in China and a necessary way to build a strong education country in China.In family Education,both the legal regulation of parental legal liability and the judicial practice of parental legal liability play an important role in promoting the development of family education.On the one hand,the legal regulation of parental legal responsibility is the guarantee support for parents to fulfill their obligations of family education,because legal obligations without legal liability are null and void,and the law is therefore not implemented in concrete terms,and the life of the law will be faint and colorless.On the other hand,judicial practice shows that parents’ assumption of legal liability related to family education helps to strengthen parents’ attention to family education and pay more attention to children’s healthy physical and mental growth.The first part of this study introduces the basis for the regulation and prosecution of parental legal liability in family education.First,the development of parens patriae in family education makes parents’ activities of educating their children subject to state restraints and regulations;second,the rights-obligations-liabilities logic in family education laws predicts that children’s rights violated or parents’ legal obligations not fulfilled in family education will be held legally liability;third,from the perspective of family education development and rule of law needs at home and abroad,the most effective way to protect children’s rights in the field of family education is to make parents bear certain legal liabilities.The second part of this study analyzes the current situation and dilemma of the regulation and prosecution of parental legal liability in family education.Firstly,the current situation of regulation selected the laws adopted by the National People’s Congress and local family education regulations related to the legal liability of parents in family education as the research sample,and analyzed the content of their laws and articles of regulation;secondly,the current situation of legal liability investigation selected some cases involving family education as the research sample,and analyzed the changes in the number of cases,causes of cases and types of legal liability;thirdly,After analyzing the current situation,we found that there are dilemmas in the regulation and prosecution of legal liability of parents in family education in China,such as the connection of legal liability provisions,the setting of legal liability types and the judicial practice of legal liability.The third part of this study draws on the experiences of the United States,Germany,and Japan in regulating and pursuing parental liability in family education.Firstly,the study draws on the experiences of the United States in terms of parental liability for child tort,provision of child education fees,neglect and abuse of child,termination of parental rights,and home schooling of children;secondly,the study draws on the experiences of Germany in terms of parental liability for provision of child education fees,child abuse,and change of parental rights;thirdly,the study draws on the experiences of Japan in terms of parental liability for cessation or loss of parental rights,child misbehavior in school,and child abuse.The fourth part of this study proposes suggestions for improving the regulation and prosecution of parental legal liability for family education.Firstly,it is suggested that the external and internal systems of parental legal liability for family education be constructed with the protection of children’s rights as the center;secondly,it is suggested that the causes and consequences of parental legal liability for family education be clarified,including clarifying the causes and legal consequences of parents’ refusal to fulfill or neglect to fulfill their obligations of family education,clarifying the causes and legal consequences of parents’ improper family education methods,and clarifying the causes and legal consequences of children’s misbehavior due to discipline,violation of law,crime,or other misbehavior or serious misbehavior,and clarifying the causes as well as legal consequences of changes in parental family education obligations;again,it is recommended that the trial institution and supervision system for pursuing parental legal liability for family education be optimized.The first is to set up a special juvenile family court to hear family education cases.The second is to set up a system for supervising the implementation of measures for the legal liability of parents in home education.