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在家教育是以父母可以选择更适合子女潜质、能力的教育为前设的。在家教育入法,其目的在于通过确立父母在家教育子女权利的方式来实现儿童发展。儿童发展权保护构成了在家教育立法的终极价值目标,其法律规范的构架也应以此为基准。在家教育入法要避免法律工具主义,真正以未成年人发展权为立法价值目标。法律规范则要围绕未成年人发展权,围绕政府职责、父母职责、在家教育与现行学制的融通三个重点进行设计。
At home education is based on the parents can choose more suitable for their children’s potential, ability education. At-home education is introduced into France with the aim of achieving child development by establishing ways in which parents educate their children at home. The protection of children’s right to development constitutes the ultimate value goal of home education legislation, and its legal normative framework should also be used as a benchmark. At home education to avoid legal instrumentalism into law, the real development of minors as a legislative goal of value. The legal norms should focus on the right to development of minors and focus on the three key points of government responsibility, parental responsibilities, home education and the current academic system.