Comparative Law Research about the Legal Structure of Educational Rights of Parents between Japan and Germany

点击翻译按钮获取中文摘要

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?1 … More Forgotton factor - parents2 Educational right - educational freedom of parents emptiedChapter 1 ; Educational right of parents and school education under Meiii Constitution1 Monopoly of the State in school education and educational freedom2 Educational right and duty of parents under old civil law3 School attendance duty and right and duty of parents4 "Die Theorie des besonderen Gewaltverhaltnis" and right of children and parents5 School's responsibility against the unlawful act and the right of parentsChapter 2 ; The legal nature of the educational right of parents1 The educational right of parents of the natural right2 The educational right of parents as the constututional fundamental right3 The legal enforcement of the educational right of parentsChapter 3 ; The legal structure of the educational right of parents in Germany1 The educational right of parents and school educational right of State about the contents of the public education2 Parent's participation in school education in West Germany Less