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The Research On The Enforcement Difficulties Of The Birth Control In The Countries In China

Posted on:2012-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2216330338465909Subject:Constitution and Administrative Law
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The policy and the development of population and birth control have shown the massive changes during the 61 years since the establishment of the People's Republic of China. The quality and the size of the population have changed considerably from encouraging birth to birth control. Since 21st century, descendant tendency have been gradually presented in the change and the development of the population, the birth rate and the natural growth rate. Meanwhile, the physical quality has been raised, and education for all-round development and the civilization have taken place. Nowadays the development of the population in our country has been in the stage when the birth rate is low, the natural growth rate is low and the death rate is low. Although the enforcement of the birth control has been changed from the simply administrative control to the superior service and the law-based enforcement, the development of birth control in the countryside is different in the eastern and western China. It is difficult for modernization and intensification in agricultural production under the influence of the geography, the climate and the technique. In other words the level of the productivity is too low and male labor force is needed. The system of the social security is needed to be improved. The current state in countryside reflects that the families have the wishes that have male babies, but it is an illegal birth phenomenon. How to enforce birth control in the countryside in the new situation? How to administrate the legal framework? How to perfect the enforcement of the birth control in the countryside? All of these need consideration, because the problem of the population is connected with the national welfare and the people's livelihood.This article is divided into three parts:(1) the presentation of the enforcement of birth control in the countryside; (2) the positive analysis of the situation of the birth control enforcement in the countryside; (3) the strategies to the predicament of the birth control enforcement in the countryside. The presentation of the enforcement of the birth control in the countryside is the first part that states of the legal basis and the principle of the birth control enforcement in the countryside. Because the enforcement of the birth control in the countryside is under the related rules, and the effect of the law in the different order bit is different, the rules in the same order bit is made according to the characters in the different areas. Furthermore the right as principal in administration is definite by law and can not be beyond the superior rules. The principles of the birth control enforcement should abide the followings, to control the growth of the birth and to improve the quality of the population. And the rational the legal and the efficiency in the administration should be abided. But the enforcement of the birth control in the country faces the challenges with the fast development of the social economy. The narrator believes that the sustainable development should be one of the peculiar principles in the birth control enforcement so that the enforcement of the birth control in the countryside can change from the imperative to the humanistic, and the institutionalization can be changed. The second part of the article analyzes the situation of the birth control enforcement in the countryside. Firstly praise the acquisitive achievements in the enforcement of the birth control. The narrator knows the actual difficulties in the enforcement of the birth control by interview. The difficulties still exist, such as the embarrassments in the enforcement the results of the enforcement is contrast and with forces in the enforcement. The causes of the problems are complicated. But the followings can not be neglected:the rule by man is critical so that the law-executors in the enforcement are abuse and enrage the people of administration. Secondly the grass-root cadres have not been trained professionally and their literacy level is low so that when they deal with the problems in an oversimplified and crude way. Thirdly the phenomenon that entities are attached to importance, but the procedure is neglected in the administrative lawsuit is pervasive so that many administrative cases are repeat examined, because of the illegal procedure. Fourthly the system of the social security should be perfect. Due to the dependence on the labor force, a lot of people need male labors in the countryside. This leads many families to have second or third birth. The narrator tries to find the problem and solve it from the idea, the purpose, the methods, the procedure, the sanction, and the opposite part in the birth control enforcement. The third part of the article is the burst on the enforcement of birth control. In this part the narrator suggests the way of pushing the birth control under the legal administration combined with the particularity and remodel the rationality and the legality of the enforcement of the birth control. Strength the farmers' legal consciousness and help them to change their birth ideas. At the last discuss how the birth control should be enforced and present the narrator's ideas on the remodeling of the birth control under the background that the legal consciousness has been modernized.
Keywords/Search Tags:Difficulties
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