From “Parental Power” to “Parental Responsibility”: Judicial Promotion of Family Education

After the rise of family education from “family affairs” to “national affairs”, the intervention of the judicial department in family education is a practical lever for the implementation of the “Family Education Promotion Law”. The progressive punitive measures of “admonition-guidance-punishment” reflect the judicial flexibility, judicial resilience, and judicial rigidity of the “Family Education Promotion Law”. The Family Education Promotion Law, while removing many negative punitive measures from the Draft Family Education Law, has not fully supplemented supportive measures, resulting in the inability of the judicial mechanism to accurately respond to the issues of “when” and “how” to intervene in practice. To achieve the integration of morality and law between family education and judicial intervention, it is necessary to balance the necessity of judicial intervention in family education under the principle of proportionality, maintain a humble stance, and at the same time, improve standardization and compulsion, and enhance the judicial tension of the family education orders.