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Discussion On "Liang Fei" Behavior Of The Non-penalty Processing

Posted on:2013-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:X TangFull Text:PDF
GTID:2256330401951270Subject:Law
Abstract/Summary:PDF Full Text Request
The sixth national census in2010the main data bulletin (No.1) show thatChina’s sex ratio at birth (in100girls) is118.06, the census data of2000to improvesex ratio at birth116.861.2percentage points. Deviation from the normal range(normal range between103-107). High sex ratio at birth in China behind thephenomenon has deep social, economic and cultural background, this is our basicnational policy of population and family planning practice in population control hasmade remarkable achievements of the situation, along with population growth derivedfrom a negative effect. Among these are the traditional concept of the impact offertility, but also economic and social development and scientific and technologicalprogress is intrinsically internal link led couples of childbearing age have childrenwhen there is gender preferences. And a catalyst for identification of fetal sex andillicit and illegal behavior of the implementation of the proliferation of artificialtermination of pregnancy (hereinafter referred to as the "Liang Fei" behavior), this isan urgent need to address contemporary issues.The article from the people choose the gender preference analysis, including thetraditional cultural factors, in real life, gender inequality, gender selection technologyabuse, family planning policy implications and basic work such as five reasons, putsforward two acts will lead to the birth population sex ratio abnormal elevation,resulting in women’s legal rights damage; impact on social stability and harmony; notconducive to the healthy growth of children and the elderly population problemcaused by the complicated consequences, to our country society caused by thelong-term negative effects. In view of the serious consequences, the scholar thinks, weshould revise criminal law of certain terms, will be" Liang Fei" behavior as the crimeprocess, so as to limit the negative impact of the expansion.The author from the " Liang Fei " acts with criminal conviction standard, as wellas the necessity and rationality of its two aspects are discussed, some scholars havetried to solve the angle from the penalty of " Liang Fei " the idea of the problemraised open to question. The author believes that the " Liang Fei " behavior should beimplemented non-penalty process. According to China’s actual population growthconditions, adjust the current fertility policy, improve the administrative legislation,increased penalties, in-depth care for girls action, widely promote gender equality, fewer and healthier concept of civilization, such as marriage and child rearing,strengthen the pension, health care to protect the two mechanisms to protect women’slegitimate rights and interests, to strengthen protection of minors, the development isconducive to healthy growth of girls and women in the development of economic andsocial policies. Through these effective administrative means, as can the " Liang Fei "acts done treating the symptoms, the sex ratio tends to fall, to achieve long-termdemographic and social stability and sustainable development.
Keywords/Search Tags:Fetal sex identification, Terminal pregnancy, Non criminalpunishment, Administrative means
PDF Full Text Request
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