The Division Of Population Law Department

The China’s population law is a socialist law was a new representative of our law fields. But sdudy of population law in our country for the population of present is still relatively backward. Population law as a legal department is objective existence, the population method" of substantive law of the people’s Republic of China Law of population and family planning" has also been issued for years. This has on the population law jurisprudence basis problem also does not have a special system demonstration. The purpose of this paper is to face the population law after all in all the seven existing legal departments in a what kind of position, the first systematic study.The history of our country since the Qin and Han population control combing is dynasties have population management as the feudal government function is a very important part of. Although we are not using today’s government management perspective to research the history of the partition functions of government, but the population management of China is indeed the history of an important government function is obviously the conclusion. This is the basic function of the government in the still exist today, and the need for the rule of law in today’s ruling thought to be controlled, it is population law looking behind government functions as a normative object is an important basis sources. Population management of China since ancient times is one of the functions of central government, population control is never established the new China after the new government functions. At the same time, the foreign population legislation also highlight the state of population management functions. Population law is not a modern" was created to the modern legal", and like the natural law that is objective existence, is looking for, be purified law.Historically, the central government of China population management policy is to encourage the civil responsibility of the family. The history of the central government so strongly encourage encourage people’s fertility behavior, simply as the early Dynasty experienced the war strife has led to population decline, and must take a short period of time to take a proliferating population, is clearly not enough. This cannot be fully explained by the Ming and Qing Dynasties continued introduction of population policy, or population growth throughout the dynasties as has always been an important index for assessment of officials. Perhaps from another perspective, folk fertility not flourishing is the cause of this condition is more reasonable explanation. From the Ming and Qing Dynasties of China’s folk had begun the birth control movement shows’ popular appeal, population birth control will be generated by public opinion foundation of population.China’s traditional legal research model overall, any law has been studied before the first task is to determine whether the field can be incorporated into the existing law. Long term since our country law theory research has followed this research mode or the routine, the first confirmation of department law for the type of routine analysis method, has become the any legal study in a standard template. But the burgeoning population of theoretical study of law, this method is not suitable for. Because if we look back at the traditional law departments of the generation process follows the steps:Natural Law--" rationality" under arbitrary arbitrary legislation--legislation after the summary, refining sectors" law" adjustment, adjustment method of appearance. This step has become the new development of law academic barriers, it requires the later new legal to achieve the following proof:the summary of adjustment, adjustment method of classification-belongs to a branch of Law--law was approved. Population law itself is clearly not the academic inference of the product, it is a fact and rights" card" products-is the state of population management, scientific and legal division, public opinion, legal rights of.Traditional legal departments are not fused population, population law with the social practice of the rule of law gradually independent. Population law has a public property, and is of a private property, from the perspective of population law and social law has many similarities. Not only that, there have been a number of scholars have put the population laws in the research of social law category, however the social law can’t give the population method provides effective convergence and accommodation, either from both generation time, produces a country, the theoretical foundation, goal, object, principle of law etc. inconsistent. Finally, the population law does not belong to any existing law department, with separate legal department posing.