家庭教育の法制研究からみた教育行政改革の根本課題(教育行政研究と教育行政改革,I 年報フォーラム)

• Published in: Bulletin of the Japan Educational Administration Society Vol. 24; pp. 3 - 15
• Main Author: 佐藤, 全
• Format: Journal Article
• Language: Japanese
• Published: 日本教育行政学会 1998; The Japan Educational Administration Society
• Subjects: Civil Code; Educational Administration Reform; Home Education; Legal Study; Parents and Child
• ISSN: 0919-8393; 2433-1899
• DOI: 10.24491/jeas.24.0_3

1 Recent educational policy and the necessity of the legal study of home education. Recent educational policy recognizes that there has been a tendency in the home to entrust the school those things that can be thought of as forming part of the inherent role of the family, including the cultivation of the discipline, emotion and sentiment required in daily life. Reports by central council for education and other reports presented by conference on educational reform have repeatedly pointed out that the family has the ultimate responsibility for the education of children. It is difficult to find any academic and legal research on home education. This paper examines the legal aspect of the home education by historical explanation of the related article of the Civil Code. 2 Rights and duties of parents in the education of their children in the civil code. The article 7 in the Fundamental Law of Education prescribes that the home education should be encouraged by the state and local public bodies. It follows that the role of the government and administration should be limited to giving support to enriching and strengthening the educative functions of the family. Article 820 of the Japanese Civil Code, which modeled mainly after the civil code of French and German, states that persons with parental authority have the duty and right to provide the custody and education for the children under their control. Parental custodial duty means the duty to the care for physical development of the children and to the discipline of the children which has also effect on the prevention of bullying. Parental educational duty includes the duty to the moral education of the children. Rights of parents means the authority to make their children obey the parental directions to enable the parents to discharge their duties to the children. 3 Conclusion and suggestions. Home education means commonly the children's education by parents in the home. Enrichment of home education is the important condition to enforce the educational policy for the school improvement, which include the extermination of the current state of wasteland in education such as group bullying, schoolviolence and juvenile delinquency. In spite of the great expectation of parental responsibility for education, the duty of parents in the Civil Code to educate their children is likely to be the moral obligation. In other words, parents are seldom compelled by any other person to discharge their duty to educate their children at home. In fact, school education depends on the educational functions of families and communities. It is the most important and fundamental problem of the reformation of educational administration, which includes making and enforcing the educational policies, to recover the decline of the educative function of families by taking measures to create new required subject such as 'EDUCATION' in elementary and secondary school, because most of the students are prospective parents.