Abstract:

The guardian of the minor student is a direct stakeholder and plays an indispensable role in the legal relationship of education, but the basic law on education has not paid enough attention to such an issue and the status it deserves. The education by the guardian of the minor student has dual attributes of rights and obligations, so the side of rights should not be neglected when the other side of obligations is emphasized. Compared with the educating power of the state (which is mainly realized through school education), the guardian’s educating right is undoubtedly subordinate, but the latter cannot be ignored. In recent years, both the awareness-raising and the “struggle” of guardians’ educating right have exerted a negative impact on school education. Educational laws and regulations should draw a clear line between guardian’s educating right, state’s educating right and school’s educating right in the future.

Key words: guardian, minor student, legal status, educating right, right to education