Family Education Guidance Orders Issued by the People's Court:Practical Dilemmas and Procedural Responses
The family education guidance order is a procedural system created by judicial authorities to implement Article 49 of the Family Education Promotion Law.Currently,courts exhibit a high willingness to issue such orders.However,the long-term implementation of the system cannot solely rely on the judicial policy orientation of courts.It is also necessary to clarify the nature and structure of the procedure to provide a stable procedural appearance for family education guidance orders.According to the provisions of the substantive education law,the scope of application of family education guidance orders should be limited to cases of behavioral misconduct and infringement of rights and interests.The family education guidance order procedure is a non-litigation procedure,and the nature of the document is a civil decision with obligations.In judicial practice,the family education guidance order procedure is operated under a strong ex officio doctrine.It is necessary to pay attention to defining the applicable boundaries of the ex officio doctrine and providing basic procedural guarantees for parents.The family education guidance order should be initiated upon application;the investigation of evidence and the specification of obligation content can be intervened upon authority,but it is not appropriate for the court to take on all responsibilities;the review of the order must follow the principle of proportionality,and the review content should include factors such as whether the parents have fulfilled their educational responsibilities.
family education guidance ordercivil decision with obligation contentFamily Education Promotion Lawnon-litigation procedurefamily trial
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