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Reflection On The National Policy Of Family Planning In China's Constitution

Posted on:2020-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiFull Text:PDF
GTID:2416330596481136Subject:Law
Abstract/Summary:PDF Full Text Request
Population is an important part of a country.The size of the population and the level of quality are related to the development process and quality of the country.Since the beginning of the founding of the country,the central government has debated the population issue for a long period of time and even triggered political movements.It recognizes that it is impossible to allow the population to grow in an orderly manner,to determine the implementation of family planning and to be a constitutional national policy..In the past few decades,the governance of population issues has entered the track of rule of law,and a series of supporting laws have emerged.China's transition from a traditional population society to a modern society has slowed the growth of the population and brought benefits to all aspects of China's development.But behind a series of achievements,there must be costs and problems.As a basic national policy and constitutional obligation,family planning is essentially the act of public power to intervene in the development of citizens' rights for the overall development.The state wants to achieve the coordination of the population,economy and society through the national policy of family planning and its related laws and regulations.Family planning originally came from the international “family plan”,and the development of China has become a national mandatory plan for the population.This national directive plan is not impeccable.As the country develops,its problems are gradually exposed.Come out: First of all,the constitutional provisions on family planning are too principled.Although the constitutional provisions can't be inconspicuous,there are no clear explanations for some of the words such as “plan”,“population and economic and social adaptation”,followed by national policy.The meaning of its own and its constitutional effect require the state to use compulsory means to urge citizens to fulfill their reproductive obligations,limit the freedom of birth of citizens,but also pay attention to the protection of citizens' rights,and ultimately to protect the value of rights,and our plan The national policy of birth and its related supporting laws are lacking in this respect.In addition,the legislation entrusted by the national policy of family planning is lack of forward-looking,and always thinks about making up measures when problems arise,and lacks preventive measures beforehand.In practice,the fertility rate has reduced the age structure of the population,leading to a series of problems such as the imbalance of males and females,the aging of the population,and the increased risk of losing families.In the face of the follow-up issues of old-age population pension and medical security,China There is currently no comprehensive safeguard mechanism.The “completely liberalizing the second child”,which was implemented in 2016,is the latest population policy in China.Its introduction is mainly to deal with the problem of population aging in China.The corresponding incentive and reward system is also reflected in the law.I have to admit that it is the progress of our population policy,but it faces the problem of low fertility willingness of citizens.The above has become a difficult point for China to continue to implement the national policy of family planning.To deal with these problems,we need to start from the source of the problem and proceed from the national policy of family planning to find the crux of the problem.In the face of China's current population development trend,it is necessary to explain and reinterpret the national policy in detail,and to clarify the relationship between population and economic and social development in response to the national population target;to reinterpret the “plan” in the face of the issue of citizens' fertility willingness.The meaning is to gradually transfer the main body of the plan to the family and individual citizens,and pay attention to the protection of the reproductive rights of the citizens;in the face of the aging of the population and other issues that limit the legacy of the reproductive stage,establish and improve the social security system,improve the legislation so that it does not It will become the burden of China's development.In the face of the new problems arising from the comprehensive liberalization of the second-child policy,it is necessary to correct the problems in a timely manner and do a good job of encouraging protection so that the policies can be effective.Although the national policy of family planning is a long-term adherence to China,it does not mean that it is immutable.In the future development,it should be carefully and thoroughly adjusted to better guide the population development of our country.
Keywords/Search Tags:Family planning, basic national policy, constitutional effectiveness, reflection
PDF Full Text Request
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