The Study On Legislation Of Population And Family Planning System In China

Since the year of 1982, "the countrie carrying out family planning" is written into the constitution, family planning legislation becomes unstoppable. The practice of the China's family planning legislation, started from provincial local legislation. With the local family planning regulations issued in succession, In our family planning," one law three rules" give priority to legal system have initially constructs. However, the development of economy and the progress of social culture, making the country's family planning policy legislation appeared some unprecedented issues: first, the disunity of Social Maintenance Fees collection standard , make our country appeared rent-seeking phenomina more or less ,so the function of Social Maintenance Fees has quietly stale ; Second, the double punishment to a unit has broken the enforcement of social justice, and sparked a series of social consequences; Third,there is great vulnerability in applicable criminal law, civil law and other sectors; Fourth, two foetuses birth limits makes our country face great population aging crisis. In order to solve these problems, the author combined with some experts and scholars point of view ,and puts forward some opinions about the perfect recommendations: First is stricting the expropriation procedures of Collection of Social Maintenance Fee ,and strengthening supervision; Second is abolishing the administrative sanctions or disciplinary action to a unit gradually ; Then, reviseing the related law nichetargeting; Finally, to implement the family planning new policy of "encourage one", "dropt two", "forbidden three" .This article starting from the leglization of country's family planning , and analyses the transformation of family planning from the original policy guidance to today's management according to the law.Then summary the terms related to family planning in our country at present by listing, and through analyzing legislation contents, summarizes the characteristics and insufficient of our family planning legislation,in order to put forward some suggestions to perfect our family planning legislation.