On The Fertility Policy Of Ethnic Minorities In China

China is a unified and multi-ethnic country. It is made up of the 56 ethnic groups, including the majority Han population and other 55 ethnic groups. Because the population of the other 55 ethnic minorities is small, we usually referred them as "ethnic minorities." Although the population is small, the ethnic minorities live in the vast land of China. They are both important and indispensable component of China. A glorious history of the Chinese nation is also the history of various ethnic minorities. During this history, they merged into the Han people. However, thousands of years before the founding of People's Republic of China, the minority has been marginalized and suppressed by successive dynasties and regimes.The establishment of the People's Republic of China changed the traditional ethnic relations. Ethnic equality, national unity, the common prosperity are the basic principles of guiding us in dealing with ethnic relations. The population of ethnic minorities has also become an important part for development. At the same time, the state has a strict "one child policy" of the family planning policy to the Han people. According to some experts, China has adopted a diversify fertility policy. Simply to put it, within the national unity, we adopted a strict family planning policy, that is "one child policy", but under the leadership of Chinese Communist Party, we choose a different policy to ethnic minorities. The government combined the economic, political, culture, traditions, etc of ethnic minorities with the situation of the whole country. So the fertility policy of the ethnic minorities is a very special one. However, it is also a part of the overall fertility policy in China.In this thesis, we choose the equal rights as the research perspective. We will focus on the legitimacy of the implementation of our nation's diversify family planning policy. This paper believes that the establishment of new China changed the history of unequal ethnic relations in our country. And China's national fertility policy experiences a long time development before the formation of multiple policies today. From the perspective of equality, formal equality of all ethnic groups are written in the Constitution, and treating the ethnic minorities differently is for the pursuit of substantive equality. Formal equality is a lower level of equality. There are many flaws: Firstly, formal equality maintains the interests of most people at the expense of minority interests in fact; Secondly, the pursuit of formal equality is a value-free one, so it is a moral neutral doctrine, which ignores the moral obligation as we human beings; again, formal equality tolerates the existence of"structural discrimination"within the society. This paper argues that substantive equality is a higher equality, which makes up at least three defects of the formal equality:first, the substantive equality really points at the collective equal rights, so it has a deep concern with the rights of minorities; Second, substantive equality allows the existence of reasonable difference; third, the pursuit of substantive equality is"value rational", which contains the value of a deep concern of human beings. From the nature point of view, the fertility policy of ethnic minorities is the result of political participation of those ethnic minorities people. It is the combination of"statism"and"nationalism", and it is also the harmonization of"State Law"and"customary law". Of course, the current fertility policy of ethnic minorities in China is not perfect. There are also some problems, solving these problems are the focus and the starting point also the ending point of the last part of this paper.