1. "Family education legislation emphasizes more on the responsibilities of parents." Professor Fan Xianzuo of the School of Educational Sciences of Central China Normal University said that many parents now use the excuse that they are busy with work and entertainment or are incapable of tutoring. The form of child training involves pushing children to tutoring institutions, lack of time with children, and lack of integrity of family education. Legislative recommendations provide guidance on these aspects.

2. Chen Hongmei, deputy director of the Family and Community Research Office of Wuhan Academy of Educational Sciences, said that judging from the cases he usually comes into contact with, the outstanding problems now are that parents’ education concepts and methods are lagging behind, and the family education atmosphere is not strong. Some parents even transfer their work pressure to their children by venting their anger and yelling at them, and some send their children to tutoring classes to replace family education. Legislation may make legal provisions on the operation and protection mechanism of family education.

3. Experts say that family education cannot be allowed to become a legal vacuum because it is both private and public. For example, the misfortune caused by parents doting on their children is a huge loss to the family. At the same time, it also causes losses to society and harms others. Parents or guardians who fail to fulfill their family education obligations should be held legally accountable; for families whose educational methods are unscientific or who lack educational capabilities, relevant provisions for mandatory tutoring and assistance should be clarified in legislation.

In 2010, with the promulgation of the "National Family Education Guidance Outline" and the "National Medium and Long-term Education Reform and Development Plan (2010-2020)", various regions began to promote the construction of family education. At present, there are still three major shortcomings in family education in our country, which urgently need to be regulated, supported and guided through legislation.

First, there is a lack of effective social support system. Take youth Internet addiction as an example: In the second half of 2010, Qinqin (pseudonym), a 15-year-old high school student in Si County, Anhui Province, strangled his mother who tried to stop him from accessing the Internet. One such tragedy after another stems from the serious lack of effective social support system in family education. An authoritative report shows that Internet addicted teenagers in China's cities currently account for about 14.1% of young Internet users. However, to what extent Internet addiction needs to be eliminated, what kind of institutions are qualified to treat Internet addiction, and what standards need to be followed in treating Internet addiction. There are no answers. The current situation is that schools are at a loss as to what to do, parents are helpless, students have no way out, and the tragedy cannot be eliminated.

Second, the quality and educational abilities of parents themselves vary. In 2010, an online group called "Parents Are a Disaster" quickly became popular, with the vast majority of members being born in the 1980s. The same experiences led them to come together online to offer advice against their parents. Li Qiming's sentence "My father is Li Gang" aroused strong indignation among people: How do some parents from the privileged and wealthy classes educate their children?

The third is the lack of systematic theory and research methods. Guan Ying, a researcher at the Institute of Sociology of the Tianjin Academy of Social Sciences, pointed out that there are very few full-time researchers on family education, and the instructors are a mixed bag, and their instruction methods are simplistic, vulgar, and eager for quick success. Some family education guidance even has the wrong direction, such as focusing on children and neglecting parents in terms of service targets. A special survey conducted by the Beijing Family Education Research Association in 2009 found that there are very few private family education service institutions in the true sense, and the service market is small, scattered, weak, chaotic, and lacks professional support.

“Legislation is the need for the standardization, professionalization and systematic development of family education.” Professor Li Mingshun, Vice President of China Women’s University, pointed out that the fundamental purpose of legislation is to ensure the physical and mental health and all-round development of family members. In the content It is necessary to clarify the family education responsibilities of state agencies, enterprises and institutions, social groups, parents and guardians. At the same time, the legislation is intended to strengthen supervision of the family education market and build a comprehensive social support system.

For example, in current legal provisions, parents’ rights to their children’s education are not well protected. my country's Compulsory Education Law stipulates that parents or other legal guardians of school-age children and teenagers must ensure that they enter school on time, accept and complete compulsory education in accordance with the law. It is illegal for parents to set up "home schools" to educate their children at home. However, in real life, it is not uncommon for parents to succeed in educating their children at home.

In October 2010, the China Family Education Society and the All-China Women's Federation held the 2010 China Family Education Seminar in Nanjing and held a special discussion on family education legislation. Wang Daquan, director of the Legal Affairs Office of the Ministry of Education, said at the meeting that the "National Medium and Long-term Education Reform and Development Plan (2010-2020)" requires "the formulation of laws related to examinations, schools, lifelong learning, preschool education, family education, etc." This means that the relevant legislative argumentation and drafting work will enter the substantive stage.

Zhu Xi, a professor at the School of Educational Sciences of Nanjing Normal University, pointed out that family education cannot be allowed to become a legal vacuum zone because it is both private and public. For example, the misfortune caused by parents doting on their children is a huge loss to the family. At the same time, it also causes losses to society and harms others. Parents or guardians who fail to fulfill their family education obligations should be held legally accountable; for families whose educational methods are unscientific or who lack educational capabilities, relevant provisions for mandatory tutoring and assistance should be clarified in legislation.

“As a father, I have not done a good job in educating my children, and I feel ashamed.” This was Li Gang’s reflection in an interview with the media.

So, who will characterize and quantify Li Gang’s family education responsibilities and consequences? Should Li Gang bear responsibility for improper education? How to bear it? These operational and targeted issues are the blind spots and difficulties in current family education legislation.

Liu Hairong, former vice chairman of the All-China Women's Federation and vice president of the China Family Education Society, said that family education legislation involves a wide range of areas and takes a long time, ranging from three to five years to seven or eight years. It requires open-door legislation. Listen to the opinions of all parties and act quickly.

(1) Family education is one of the pillars of the education system, and the status of family education urgently needs legislative confirmation

Legally, the right to education can be divided into three categories: Family education rights, national education rights, and social education rights. The latter two education rights are both public education rights. The right to family education originates from the birth of the family. As long as there are family relationships, there will be family education. The state's right to education originates from the emergence of classes and countries. The state holds the power of education for the purpose of safeguarding the self-interests of the ruling class. But on the other hand, it is also to alleviate social conflicts, meet the educational needs of taxpayers, and maintain social stability and development. Therefore, the state’s right to education has both class and social characteristics. The right to social education and the right to national education emerged almost at the same time. It is a kind of right that is recognized by the state and society by some groups or individuals who possess educational resources in society to spontaneously carry out public education and teaching activities. China has always attached great importance to private schools. In the late Spring and Autumn Period, there was a saying that "official academies declined, and learning was in the barbarians." During the Song, Yuan, Ming and Qing dynasties, private academies also continued to be popular. According to the legal classification of the right to education, a country’s education system can also be divided into three parts: family education, state education (i.e. public education), and social education (i.e. private education). Obviously, family education should be a national education system an important component and one of the three pillars.

If we divide a country’s education system from the perspective of the main body of education implementation, we can divide education into three parts: family education, school education and social education. Family education is also an indispensable and important pillar. Historically, school education became the main independent form of teaching with the development of capitalism and the advancement of natural science. Before that, family education was the main part of the growth process of minor children in human history. Because family education Due to its dispersed, experiential and individualized characteristics, it is impossible to form an independent system, and there are no specialized educational ideas and methods. However, the "characteristics" of family education, with the rapid development of modern science and technology and the complexity and diversification of social life, have become conducive to humanized education, the cultivation of all-round quality of young people, the shaping of talents needed by the future society, and the development of social security. Because of its merits and advantages, it has received widespread attention from people and has been brought back to an important position in the independent education system and has become a new educational discipline. The law should enhance and transform people's original understanding, comprehensively improve the organization, management system, and material conditions of family education institutions, and lay a solid foundation for family education to truly play the role of an independent education system.

Among the current education systems in our country, national education (school education) is the most complete. From a legislative point of view, our country has promulgated laws and regulations such as the Education Law, Compulsory Education Law, Teachers Law, Vocational Education Law, and Higher Education Law, which have established the legal status of national education and have great influence on the country. Educational behavior has been relatively well regulated. Private education was once very developed in the history of our country. Since the reform and opening up, private education has restarted and developed rapidly in our country. In 1997, the State Council promulgated the "Regulations on Running Schools with Social Forces", and on December 28, 2002, the 31st Session of the Standing Committee of the Ninth National People's Congress passed the "Private Education Promotion Law". The role of private education in my country's education system The status was officially established. However, although all walks of life pay as much attention to family education as national education and private education, and it is also a fine tradition of our country to attach importance to family education, so far there is no legislation on family education in our country, and family education is still basically regarded as As a subsidiary of school education, its due position in the national education system is far from being established. In 1992, the "Outline of China's Children's Development Plan for the 1990s" promulgated and implemented by the State Council put forward the requirement to strengthen family education legislation. Therefore, accelerating family education legislation and giving family education the legal status it deserves is an urgent requirement to improve our country's education system. . Shanghai took the lead in formulating the Regulations, which will provide useful experience and reference for the improvement of my country's education system.

(2) The formulation of the "Regulations" is the need to cultivate the healthy growth and success of young people

British educator Locke has a famous saying: "Family education has a deep-rooted influence on children. No school education or social education can ever replace it." Family education plays a particularly important role in cultivating the healthy growth and success of young people. Criminology research proves that errors in family education are an important reason why teenagers embark on the path of illegal crime. According to a survey on the causes of juvenile delinquency in work-study schools and juvenile reformatories, 87% of them are caused by improper family structure or defects in family education. The organic combination of family education, school education and social education is a necessary condition for the healthy growth and success of young people.

In this "three educations in one" framework, school education is "mass" education, social education is the continuation and development of school education, and family education is "individualized" education, which is the basis of school education and social education. Determines the effectiveness of school education and social education. Therefore, standardizing and guiding family education in the form of legislation and improving the scientific nature of family education are not only needed to prevent juvenile crimes, but also the need for healthy physical and mental growth and success of adolescents. From a macro perspective, it is also a major issue related to the future of the country and nation. As An. Shey Makarenko, a famous communist educator in the former Soviet Union, said: "Today's parents educate their children to create the history of our country's future, and therefore the history of the world."

(3) The formulation of the "Regulations" is the wish and voice of the majority of parents

According to surveys, in order for their children to have a bright future in the future, about 99% of parents in Shanghai, Taobao Do your best to invest all your hope, energy, and funds into your children's education. However, about 95% of parents are often troubled and anxious, feeling that their efforts are not getting what they want. About 30% of parents admit that they are "failed parents". The vast majority of parents have expressed an urgent desire to improve the quality and scientific nature of family education. For example, some books on family education on the market, such as "Harvard Girl Liu Yiting", "Leave the Children Alone", "I'm Mediocre, I'm Happy", have received enthusiastic attention from parents and achieved astonishing sales. For another example, as of December 31, 2002, the rate of parents participating in family education guidance in Shanghai reached 96.90%, which was a significant increase of 46.90 percentage points compared with the 50% parent education rate in 1995 (there were no statistical data on family education before 1995). . Since the Municipal Women's Federation proposed legislation on family education at the Municipal People's Congress in early 2002, the response from parents has been the strongest. During the research process of the research team, many parents expressed great concern and support, and many touching stories also happened. It can be said that the formulation of the "Regulations" has become the strong wish and voice of the majority of parents.