Family Education Law of the PRC (Draft)

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Table of Contents

Chapter I: General Provisions

Chapter II: Carrying Out Family Education

Chapter III: Promotion of Family Education

Chapter IV: Family Education Intervention

Chapter V: Legal Responsibility

Chapter VI: Supplemental Provisions

 

Family Education Law of the PRC (Draft)

Chapter I: General Provisions

Article 1: This law is formulated in consideration of the actual conditions of family education efforts in our nation, so as to develop family education; to lead the entire society to emphasize family, family education, and family environments; to enhance familial happiness and social harmony; and to promote the healthy growth of minors.

Article 2: "Family education" as used in this Law refers to guidance and influence carried out by parents or other guardians for the purpose of promoting the healthy growth of minors.

Article 3: The basic task of family education is fostering ethics and character, by cultivating and practicing the Core Socialist Values, advocating the exceptional traditional Chinese culture, and cultivating the comprehensive f moral, intellectual, physical, aesthetics and labor development of the builders and successors of socialism.

Article 4: The parents or other guardians of minors are the entities responsible for implementing family education. Government, schools, and society provide support for family education and promote family education. When necessary, the state may intervene in family education.

Article 5: Family education work shall uphold the following basic principles:

(1) Respect for the norms of minor's physical and mental development and individual differences;

(2) Respect for the personal dignity of minors and safeguard their lawful rights and interests;

(3) Compliance with the norms of family education and implement a scientific conception of family education;

(4) Benefitting the overall development and healthy growth of minors;

(5) Closely integrating and coordinating family education, school education, and social education;

(6) Employing flexible and diverse measures in consideration of the actual circumstances.

Article 6: All levels of people's government are to lead family education efforts.

The institutions of people's governments at the county level or above that are responsible for work on women and children are responsible for organizing, coordinating, guiding, and promoting relevant departments in completing family education work; administrative departments for education and womens federations are jointly responsible for routing affairs in family education work.

Institutions for the establishment of civility at the county level and above, and relevant departments of people's governments at the county level or above such as for public security, civil affairs, judicial administration, human resources and social security, culture and tourism, health, market administration, radio and television, sports, press and publication, and internet information are to complete family education work with in the scope of their respective responsibilities.

Article 7: The relevant departments of people's governments at the county level and above shall draft special plans on family education work, and include related expenses in the financial budgets.

People's governments at the county level and above shall include family education guidance services in the urban and rural public service systems and directories for government procurement of services, and are to encourage and support the provision of family education guidance services through procurement of services and other methods.

Article 8: People's courts and people's procuratorates are to give play to their functional roles to cooperate with people's governments and their relevant departments at the same level to establish joint mechanisms for family education work to jointly complete family education work.

Article 9: The Women’s Federation, Trade Unions, Communist Youth League, Disabled Persons’ Federation, Science and Technology Association, Working Committee for the Care of the Next Generation, and forth are to mobilize social forces to provide social support for family education and assist and cooperate with state organs in carrying out family education work in accordance with laws, regulations, their respective charters, and as entrusted by governments.

Article 10: The state encourages and supports enterprises, public institutions, units, social organizations, individual citizens in carrying out family education guidance service activities in accordance with law.

Article 11: The state encourages theoretical research into family education, encourages schools of higher learning to establish general curricula for family education courses, supports teaching institutions and schools of higher learning that have the capacity to strengthen the subject of family education, and establish family education majors to cultivate personnel and train family education service personnel.

Article 12: The state is to give commendations and awards to units, organizations, and individuals making outstanding contributions to the development of family education in accordance with provisions.

Article 13: The week containing the International Day of Families, May 15, of each year is to be national family education publicity week.

Chapter II: Carrying Out Family Education

Article 14: Parents or other guardians have the right and obligation to carry out family education for minors.

Other adult family members that live together with minors' parents or other guardians shall assist and cooperate with them in carrying out family education.

Article 15: Where minors' parents are separated or divorced, all parties must not refuse or shirk performance of their responsibility to carry out family education, except for where a court has issued a personal safety protection order or where visitation has been suspended.

Article 16: Where minors' parents or other guardians entrust other adults to look after the minors on their behalf, they shall carry out family education together with the entrusted persons.

Article 17: Minors' parents and other guardians shall establish a correct conception of family education, conscientiously studying information on family education, especially carrying out focused study during the critical phases of pregnancy and as minors enter infant or child care, kindergarten, and school, to get a grip on scientific methods of family education and to increase capacity for family education.

Article 18: Minors' parents and other guardians shall actively participate in public interest education guidance and practice activities provided for by schools, kindergartens, childcare service establishments, and communities, jointly promoting minors' healthy growth with these entities.

Article 19: Minors' parents or other guardians shall carry out family education with the following content as guidance targeted to the physical and psychological characteristics of minors at different ages:

(1) Teaching minors to love the party, nation, people, and socialism; to obey social mores; to strengthen legal awareness and a sense of social responsibility; to establish the concepts of national unification and ethnic unity; and teaching minors to respect the elderly and care for the young, to be thrifty and frugal, to be united and help each other, and to form a positive character;

(2) Cultivating minors' positive study habits, increasing their ability for independent study, stimulating their interest in studying, and reasonably helping them to determine their goals for growth;

(3) Promoting minors' physical and psychological development, ensuring a balanced diet, scientific exercise, adequate sleep, and joy; and helping them to maintain positive life habits and increase their self-protection awareness and ability;

(4) Fostering minors' healthy aesthetic interests and ability, leading them to establish healthy aesthetic standards and pursuits, cultivating noble sentiments, and increasing their cultural caliber.

(5) Assisting minors in establishing a correct conception of labor, participating in labor suited for their abilities, increasing their ability to care for themselves, and cultivating positive labor habits.

Article 20: Minors' parents and other guardians carrying out family education shall pay attention to the minors' physical, psychological, and intellectual development; respect their rights to participate in family affairs and express opinions; and reasonably use the following means and methods:

(1) Raising them personally and strengthening parent-child bonds;

(2) Joint participation, giving play to the roles of both mother and father;

(3) Seizing teachable moments, integrating education into daily life;

(4) Subtly influencing, combining words and actions;

(5) Mixing sternness and leniency, combining concern and strict requirements;

(6) respecting differences, conducting scientific guidance on the basis of their age and personal characteristics;

(7) talking as equals, showing respect, understanding, and encouragement;

(8) Mutual promotion, with parents and children growing together;

(9) Other means and methods that are conducive to minors' overall development and healthy growth.

Article 21: Minors' parents or other guardians, as well as other family members, shall jointly build democratic, civil, and harmonious family relations, cultivate an active and healthy family culture, impart a positive family atmosphere, and carry on the traditional virtues of the Chinese people, to create a positive family environment for the healthy growth of minors.

Article 22: In the course of carrying out family education, minors' parents and other guardians must not discriminate against them on the basis of sex or physical condition, must not have any form of domestic violence, and must not coerce, entice, instigate, tolerate, or exploit minors to engage in activities that violate laws, regulations, or social mores.

Chapter III: Promotion of Family Education

Article 23: The State Council shall organize relevant departments to draft, revise, and promptly publish a national outline for family education guidance.

Provincial-level people's governments shall consider actual local conditions to organize relevant departments to compile textbooks on family education guidance for different ages, and draft specifications for corresponding family education guidance service work and assessments.

Article 24: People's governments at the provincial level and above shall organize relevant departments to plan the establishment of a family education information sharing platform, and set up online public interest schools for parents and online classes, open service hotlines, and provide online family education guidance services.

Article 25: People's governments at the county level and above, and relevant departments, are to organize the establishment of professional teams for family education guidance services, strengthen the cultivation of professionals, and encourage social workers and volunteers to participate in family education guidance service work.

Article 26: People's governments at the county level and above shall consider actual local conditions to establish or promote the establishment of family education guidance service centers through various channels. Family education guidance service centers are responsible for planning, coordinating, and guiding community parent schools and schools' parent schools in their jurisdiction, carrying out theoretical research on family education, build and train teams of service personnel, and research and develop public service products.

Article 27: Family education guidance service centers shall employ measures to promptly provide services to the parents or other guardians of minors with special needs, providing focused services to divorced or combined families, adoptive families, families of left-behind children, migrant families, families of subjects in compulsory drug treatment, families of those serving prison terms, families of disabled persons, families of minors that have been victims of crimes and violations, as well as other families where parents are away from home for long periods. Where they have the capacity, family education guidance services may be conducted in the home.

Article 28: Residents committees and villagers committees may rely on public service facilities in urban and rural communities to set up family education guidance service stations such as community parent schools, and cooperate with family education guidance service centers to organize publicity on family education knowledge for residents and villagers, and provide family education guidance services for parents or other guardians of minors in need.

Article 29: Primary and secondary schools and kindergartens shall include family education guidance services in school work plans and in the content of teacher training and work evaluations.

Article 30: Primary and secondary schools and kindergartens shall establish parent schools and regularly organize family education guidance and practice activities tailored to the characteristics of minor students at different ages.

Primary and secondary schools and kindergartens shall promptly contact and urge the parents or other guardians of minor students to participate in activities organized by parent schools based on the preceding paragraph; and provide necessary assistance where there is difficulty participating.

Article 31: Parents committees may make requests to primary and secondary schools, kindergartens, and their parent schools on the provision of family education guidance. Based on demand, primary and secondary schools, kindergartens, and their parent schools shall invite relevant personnel to teach family education concepts, knowledge, and methods, and organize family education guidance services and practicum activities to promote joint education for parents and the school.

Article 32: Primary and secondary schools and kindergartens with the capacity shall provide instructors, venues, and other support for off-campus family education guidance service stations to carry out family education guidance service activities.

Article 33: Infant and child care establishments and early education service establishments shall provide guidance on scientific parenting and other family education guidance to the parents and other guardians of minors.

Article 34: Marriage registration bodies shall publicize family education knowledge to citizens completing marriage or divorce registrations, using means such as on-site consultation and counseling and broadcasting publicity and educational pieces.

Article 35: When medical and health establishments provide services such as pre-marital health care, maternity health care, child health care, and vaccinations, they shall carry out publicity and guidance for service recipients and the parents or other guardians of service recipients who are minors, on scientific parenting and early childhood development.

Article 36: When civil affairs departments handle adoption registrations, they shall provide family education guidance to the adopters.

Child welfare establishments shall provide family education guidance to foster families they arrange.

Establishments for the aid and protection of minors shall provide family education guidance for the parents or other guardians of minors receiving aid and protection.

Article 37: When people's courts hear divorces of husbands and wives with children they shall provide family education guidance for both the husband and wife.

Article 38: Public cultural service venues such as libraries, museums, cultural centers, memorials, art museums, science and technology museums, athletic stadiums, youth palaces, and children's centers, shall regularly carry out public interest lectures on family education and family education guidance and practicum activities, and develop public cultural services and products for family education.

The state encourages and supports radio, television, newspapers, internet, and other news media to carry out publicity on family education knowledge.

Article 39:Citizens, legal persons, and unincorporated organizations may lawfully establish family education service establishments.

People's governments at the county level and above and their relevant departments may employ support measures such as government subsidies and awards to cultivate family education service establishments.

Departments such as for education, civil affairs, health, and market administration shall conduct oversight of family education guidance service establishments and practitioners in accordance with law and within the scope of their respective duties.

Article 40: The state encourages and supports family education service establishments in strengthening industry self-discipline, researching and drafting quality standards for family education services, establishing quality certification systems, organizing practitioner training, and raising the professional caliber and capacity of practitioners.

Article 41: The state encourages and supports state organs, enterprises, public institutions, units, and social organizations in creating parent schools, and including the construction of a family atmosphere in the unit's cultural construction, and supporting staff participation in related family education guidance service activities.

The state encourages and supports social work service establishments, volunteer service organizations, social workers, and volunteers carrying out family education guidance activities in accordance with law.

Family education shall be made an important component in activities such as the creation of civilized cities, civilized villages and towns, civilized units, civilized communities, civilized campuses, and civilized families.

Chapter IV: Family Education Intervention

Article 42: Where primary and secondary schools or kindergartens discover that minor students have seriously violated school rules or discipline, or have negative or serious negative conduct as provided for in the Law on the Prevention of Juvenile Delinquency, they shall immediately stop it and discipline them, notify their parents or other guardians, and provide family education guidance services to the parents or other guardians. Where after being notified the parents or other guardians refuse to perform family education responsibilities, a report shall be made to the residents committee or villagers committee for the minor's residence, or to the parents' or other guardians' workplace.

Article 43: When the residents committee or villagers committee for the minor's residence, or to the parents' or other guardians' workplace discover that the parents or other guardians refuse to perform family education responsibilities or do so inadequately or improperly, they shall give criticism and education, admonish them to stop, and when necessary, urge them to accept family education guidance or promptly report to the family education guidance services center.

Article 44:Where minors manifest any of the following circumstances, the public security organs, people's procuratorates, and people's courts may admonish the parents or other guardians in light of their performance of family education, and when necessary, make a supervision order to improve family education; and where corrections are refused, make a decision to order participation in family education guidance.

(1) The minor is given an administrative punishment by the public security organs, or was not given an administrative punishment because they were below the legally-prescribed age;

(2)The minor was subject to a non-prosecution decision from the people's procuratorate because their crimes were slight, or was subject to a conditional non-prosecution decision from the people's procuratorate;

(3) The minor was pursued for criminal responsibility or was not given a criminal punishment because they have not reached the age of criminal responsibility.

Article 45:Where the public security organs, people's procuratorates, or people's courts discover during case-handling that parents or other guardians have acted in family education so as to infringe minors' lawful rights and interests, they may admonish them based on the circumstances, and when necessary may make a supervision order to improve family education; and where corrections are refused, a decision is to be made to order theme to participate in family education guidance. Where the legally-prescribed conditions are met, the people's courts may issue a personal safety protection order or revoke guardianship qualifications in accordance with law, based on the application of relevant persons or units.

Article 46:Where public security organs, people's procuratorates, or people's courts make a decision to order participation in family education guidance, they may entrust family education guidance service stations, family education service establishments, and so forth to carry out the family education guidance. The location, time, and content of the family education guidance is to be determined by the organ making the decision.

After people's courts or people's procuratorates make a decision to order participation in family education guidance, they shall concurrently send it to the public security organ for the residence of the minors' parents or other guardians, and the public security is to assist in enforcement.

The public security organs, people's procuratorates, and people's courts shall concurrently send the order to participate in family education guidance to the residents committee or villagers committee for the minors' residence, or to the workplace of the minors' parents or other guardians, and notify them of the contents of the decision and confidentiality obligations.

Chapter V: Legal Responsibility

Article 47:Where minors' parents or other guardians violate an order to participate in family education guidance made by a public security organ, people's procuratorate, or people's court, the public security organs are to give warning and order corrections. Where corrections are refused, they may give a fine of up to 1,000 RMB or up to 5 days detention based on the severity of the circumstances.

Article 48:Where government departments or bodies with duties in family education efforts have any of the following circumstances, the higher level organs or regulatory units are to order them to make corrections in a set period of time; and where the circumstances are serious, sanction the directly responsible managers and other responsible personnel in accordance with law:

(1) they do not perform their duties in family education efforts;

(2) They withhold, take possession of, misappropriate, or falsely report or falsely claim funds for family education work;

(3) They otherwise abuse their authority, derelict their duties, or twist the law for personal gain.

Article 49: Where primary and secondary schools, kindergartens, childcare services, or early education services, violate the provisions of this Law by not performing duties in family education guidance services, the regulatory departments are to order that corrections be made in a set period of time; where the circumstances are serious, sanctions are to be given to the directly responsible manager and other directly responsible persons in accordance with law.

Article 50:Where establishments engaged in family education services have any of the following circumstances, the regulatory departments are to order that corrections be made within a set period of time; and where corrections are refused or the circumstances are serious, the regulatory departments are to order that operations be suspended for rectification, or cancel business licenses or relevant permits:

(1) Establishment procedures were not completed in accordance with law;

(2) They are engaged in unrelated commercial conduct or have false or misleading publicity that causes negative consequences;

(3) They violate the lawful rights and interests of minors, their parents, or other guardians.

Article 51:Where violations of this Law constitutes a violation of public security administration, the public security organs are to give public security administration punishments; where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Chapter VI: Supplemental Provisions

Article 52:This Law takes effect on xx-xx-xxxx.

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