Comparative Law Research about the Legal Structure of Educational Rights of Parents between Japan and Germany
Grant-in-Aid for Scientific Research (C).
|Research Institution||The National Institute for Educational Research|
YUKI Makoto The National Insitute for Educational Research, Eductional policies, Head of Reseach Sections, 教育政策部・教育行財政研究室, 室長 (20033574)
|Project Fiscal Year
1989 – 1990
Completed(Fiscal Year 1991)
|Budget Amount *help
¥1,200,000 (Direct Cost : ¥1,200,000)
Fiscal Year 1990 : ¥700,000 (Direct Cost : ¥700,000)
Fiscal Year 1989 : ¥500,000 (Direct Cost : ¥500,000)
|Keywords||Educational right of parents / Parent's participation in school education / Parent association in Germay / Parent and Teacher Association / Parent's freedom of private education / Monopoly of the State in school education / School attendance duty / Natural right / 親の教育権 / 親の学校教育参加 / ドイツの父母会 / PTA / 親の私教育の自由 / 国家の学校教育独占 / 就学義務 / 自然権 / 西ドイツの父母会|
What kind of position do the parents have in the we public educational system, and what kind of right do they have in the school education of their children?
It is considered that this problem concerns the fundamental structure in the system of the public educational law. But in Japan, the legal system about this problem is very defective, and the research about it has not done. In this research, I have analyzed, examined and substantiate, (1) the legal straucture of the educational right of parents and (2) the parent's participation system in the management of the public education and the actual condition of its application, theoretically, in comparison with Germany where the system of educational law in this field has already arranged, and has cleared the legal status of theparents in the school education and has constructed the theory of legal system for the systematic realization.
The contents of my report are as follows.
Preface ; Why is the educational right of parents called now?
Forgotton factor - parents
2 Educational right - educational freedom of parents emptied
Chapter 1 ; Educational right of parents and school education under Meiii Constitution
1 Monopoly of the State in school education and educational freedom
2 Educational right and duty of parents under old civil law
3 School attendance duty and right and duty of parents
4 "Die Theorie des besonderen Gewaltverhaltnis" and right of children and parents
5 School's responsibility against the unlawful act and the right of parents
Chapter 2 ; The legal nature of the educational right of parents
1 The educational right of parents of the natural right
2 The educational right of parents as the constututional fundamental right
3 The legal enforcement of the educational right of parents
Chapter 3 ; The legal structure of the educational right of parents in Germany
1 The educational right of parents and school educational right of State about the contents of the public education
2 Parent's participation in school education in West Germany Less
Research Output (23results)