家長參與對兒少成長發展權保障之教育法學觀點

A Study of the Influence of Parents Participation on Student’s Growth and Development Right in the National Education Stage from the View of Educational Law

自1980年代中期伊始，家長是否有權亦有能參與學校教育事務之議論命題於我國教育改革浪潮中，不僅廣受討論，於學界中亦多出現正向肯定的學術見解，而在教育實務界當中亦多表明積極接納之立場。隨後，我國也正面且積極地看待此命題的發展，透過以《教育基本法》為核心之法律規範的建立，賦予家長參與學校教育事務之法制運作框架，並實踐迄今。然而，多年來環繞於該議題的研究成果中，亦似乎出現有逐漸放大過去對於該命題的消極而慎重之觀點。故本研究試從教育法學（特別是日本教育法學之學術研究結晶）中對於兒少成長發展權影響的研究發展，透過相關文獻之探討及比較分析等研究方法，再行商榷較為符合兒少成長發展權保障之家長參與理論、法制及實踐意象，並期待藉由本研究向廣大學術先進投石問路。

Since the mid-1980s, the issue of whether parents have the right to participate in school education affairs has been in the wave of education reform. It has been widely discussed, and positive academic opinions have also appeared in the academic discussing. Subsequently, the government and legislators also seem to look positively and positively at the development of this issue, and through the establishment of laws and regulations centered on the “Educational Basic Law,” empower parents to participate in the legal operating framework of school education affairs, and practice it to date. However, the research results surrounding this issue over the years also appear to gradually enlarge the negative and prudent views, and have formed the need for further discussion from multiple perspectives. So this article is try to review what is real should be done though parents who participate in school education affairs by focus on the rights of children to grow and develop with the view of educational law (especially the academic crystallization of Japanese education law). And this article will also use literature analysis, document analysis, and comparative analysis, to find out what kind of image of parents participate will more benefit the children’s growth and development right.