The Legal Attribute and Legal Relationship of Homeschooling in China

The legal phenomenon of homeschooling has brought strong impacts and challenges to the legal system of compulsory education. The legal fact of homeschooling should be adjusted and regulated by law. To regulate homeschooling by law, it is necessary to distinguish its legal attribute from legal relationship. At the stage of compulsory education, the law of homeschooling is subordinated to the compulsory education law and has the attributes of dependence on the compulsory education law. Homeschooling law has the attributes of administrative law and of equal civil legal relationship between parents, children and tutors. Being a legal relationship of rights and obligations between subjects based on certain legal facts, homeschooling has three constituent elements: subject, object and content. Through the analysis of the legal attribute and legal relationship in the legal facts of homeschooling, a new legal relationship of homeschooling can be generated, so as to realize the transformation from necessity to enactment.