On The Legality And Constitutionality Of "Expulsion From Over Birth"

As a basic national policy,family planning policy has not only been written into the constitution,but also stipulated in relevant laws and regulations.When violating the family planning policy,the opposite party will be punished.If the opposite party is a state functionary,it not only needs to pay social maintenance fees,but also needs to be subject to administrative or disciplinary sanctions.With the change of the population situation and population problems,the content of family planning policy is constantly adjusted.In the face of the new social situation and the improvement of people’s legal awareness,recently "expulsion after birth" has caused widespread heated discussion in the society.As one of the most severe administrative punishments,expulsion is the most severe one.Is this the most severe administrative punishment applicable to the State functionaries who violate the family planning policy? It is worth discussing whether there are specific legal provisions and whether it is in line with the connotation of the constitution.By combing more than 400 cases of judicial practice,combining with the historical changes of family planning policy,this paper analyzes and summarizes the cases,and based on the practice,makes an empirical study on the "expulsion after birth".It is found that the behavior of "over birth expulsion" has existed in the early stage of the implementation of family planning policy as an auxiliary compulsory measure of policy implementation,but with the change of social status and the adjustment of policy,its behavior is gradually decreasing.Then through combing the relevant laws and regulations,combined with the theory of special power relationship and special legal relationship in administrative law,the legitimacy of this act is discussed.It is found that there are some specific provisions in some local laws and regulations,but there are also some problems that the legal provisions are not specific.At the same time,through the analysis,it is concluded that the behavior of "expulsion of over born" is in line with the legal relationship of administrative law to a certain extent.As a policy obligation,the family planning policy needs to be adjusted constantly with the changes of the specific social situation in order to be better applied to social practice.In the face of the changing social situation,focusing on the fundamental law of the country,the constitution,as a legal responsibility,the act of "expulsion after birth" should not only be supported by clear laws,but also conform to the connotation of the constitution.In this regard,the article discusses and analyzes the behavior of "over birth expulsion" by applying the principle of constitutional proportion,combined with relevant cases and laws and regulations.After that,it puts forward the conclusion and prospect that the relevant laws and regulations need to clarify the legal responsibility in order to be better applied to judicial practice;with the continuous adjustment of social development and family planning policy,and the improvement of relevant laws and regulations,it may become a trend to completely delete the "expulsion for over birth".