On The Normative Effect Of Family Planning Obligations

"Family planning" has always appeared as a basic national policy in social life and public opinion discussion,but its attribute as a constitutional obligation is rarely publicized.Since family planning was included in the basic obligations of citizens of the Constitution in 1982,a complete family planning legislation system has been formed on the basis of the second paragraph of Article 49 of the constitution,with the population and family planning law as the legislative core,the provincial family planning regulations as the support,and the implementation regulations for specific groups such as the floating population family planning regulations as the auxiliary,It provides a solid legal basis for the implementation of family planning policy.The family planning system has played a great role in the coordinated development and smooth operation of China's population,economy and society in the past 30 years.Thirty years later,with the improvement of living standards,the people put forward the demand of increasing the number of children,and the new development goal of building a well-off society in an all-round way,which has brought China's family planning system into the wave of reform.In 2013,the sixth session of the 12th National People's Congress Standing Committee deliberated and passed the resolution on adjusting and improving the family planning policy,which started the reform of China's family planning system.In the following three years,the family planning legal system experienced a comprehensive change from law to local regulations.The civil code,which came into force in 2021,cancelled the original marriage law in its marriage and family chapter?The provisions on family planning obligations in the law of the people's Republic of China carry on the revision of the population and family planning law in 2015,and at the same time release a new signal of the reform of the family planning system.However,the core of the reform can not go beyond the principle requirements of the constitution.This paper intends to start with the provisions of citizens' family planning obligations in the constitution,analyze the constitutional normative effect of family planning obligations,outline the legal flexibility of the family planning system in the Constitutional Dimension,respond to the new legal requirements of reform and development,and interpret the normative meaning of the family planning system,so as to find a suitable constitutional basis for the reform In addition,the interpretation of the constitutional norms can also achieve the effect of standardizing the text content of the provincial population and family planning regulations.The standardization of the text promotes the legalization of the family planning work of local governments,from relying more on policies to the Trinity effect of legal regulation,legal development and policy supplement On the other hand,as the direct legal embodiment of the implementation of the family planning system in the constitution,the population and family planning law and the provincial local laws and regulations need the response from the constitutional level to cast a solid foundation for the legislative reform and improvement,and improve the constitutional theory research,constitutional review system and other basic law implementation methods,so as to make a fundamental contribution to the family planning reform in the new era The law echoes.