Research on the Application and Improvement of Family Education Order from the Perspective of Public Power Intervention-Also on the Forty-ninth Article of Family Education Promotion Act

Family education has experienced the transformation from emphasizing rights to emphasizing responsibilities, from purely private affairs to both public and private affairs. It provides a theoretical basis for public authorities to intervene in family education. The Family Education Order is a typical writ based on the Family Education Promotion Act and created in practice by the judiciary to guide and regulate family education by public authorities. Currently, the application of The Family Education Order in China is obviously incidental and passive in its initiation. Also, it is confusing with the family education guidance order and supervision and guardianship order, and there is also an improper setting of the legal consequences of refusing to fulfil the order. To improve the family education order system, a two-pronged approach can be taken to standardize the form and optimize the substance, with the former being achieved by improving the mechanism for issuing the order and promoting the standardization of the text, while the latter should be viewed rationally in terms of the attributes of the responsibility of the main body of the family education. Appropriate measures for its implementation should be sought within the existing legal system.