On Family Planning

Family planning, as China’s important national policy, is specified in the"Constitution", article25and49, paragraph2. This endeavor has two understandingof family planning: the first one is a national policy established in the Constitution,and the second one is the obligation established by the Constitution, family planningobligations. This paper is divided into three parts:In the first part, the process of the formation of family planning, the backgroundof establishing the family planning policy, whose core is one-child policy, in the1982"Constitution", and the current family planning policy are analyzed, to arrive at theconclusion that the current family planning policy`s core is the one-child policy,which is supplemented by other specifications. And I make sure that, while theone-child policy has been general implemented, namely in1980, China is still a staticconservative society. Through analyzing the relation between the citizens’ basic rightsand obligations in1982"Constitution ", man can find that the "Constitution " lacks ofprotection of the rights, and pay much more attention to the protection of nationalinterests, in a static conservative society, the articles of family planning are meaningto protect national interests, nothing else than conforming the issue of reproduction inthe1982"Constitution ". For this reason, the family planning policy consist with thevalue of1982"Constitution ".In the second part, the emphasis of discussion is the change of socialbackground. In the article25, we can find that the purpose of family planning is tocontrol the growing of population, and to make it suitable for the plan of economicand society. But the current society has already turned into such a dynastic open one,that the family planning policy under the conservative circumstance meets no longerthe requirements of the economic and social development nowadays. The article "Thegovernment respects and protects human rights" was in2004added into the"Constitution", which protects rights better. From it we can find that the value inclination has turned to paying attention to national and individual interests, whichleads to the great change in contrast to the "Constitution"1982. Therefore the familyplanning policy is no longer suitable for the value pursuing of the current"Constitution".In the third part of the paper is firstly argued, that in the "Constitution" thefamily planning is not only a policy, but also-this is much important-a citizenobligation, which restricts the reproductive right; As human being`s important naturalreproductive activity, individual claim for reproduction can of course be seen ashuman right. Secondly, since Human-Right-Article was added, the Constitution`sprotection of citizens`basic rights has been much better, and specification of thecitizens`basic rights, which in the Constitution are listed, are actually theconstitutional conformation of human rights, which means that the "Constitution" alsoprotects other human rights, which are not specially listed in itself. Through theanalysis of the article13,33and51of the Constitution can be found that therequirement of national public power`s restriction of basic rights should be theprinciple of legal reservation and the principle of proportionality, therefore therestriction of the basic rights not being listed should also meet the requirements ofsuch principles. At last, it is pointed that the family planning`s restriction of thereproductive right had conformed the principle of legal reservation, but in comparewith the principle of suitability, of necessity, and of proportionality, which are thesecondary principles of the principle of proportionality, family planning`s end andtools are not in conformance with the principle of proportionality. In conclusion, fromthe perspective of the combination of the social background and constitutional humanrights protection, family planning is no longer so suitable, it should be adjusted.