Compulsion Administrative Theory's Analysis

For controlling rapid population growth, and keeping the number of population in harmony with economic development and ecological environment, the Chinese family planning policy has been implemented more than three decades, and developed a series of laws, rules and regulations which consistent with fertility policies to regulate reproductive behavior. Russia, India, Korea and other countries have worked out the population policy which consistent with the actual situation of them, except China, we can see, in terms of the perspective of human reproduction, social progress, economic development or ecological harmony, to regulate reproductive behavior is significant.The level of Russia's economic development is low, sparsely populated. Because of geography, history and the humanistic traditions, population problem has been become a national population in successive years. In order to promote economic development and social progress, more important is to keep the breeding of one country, the state makes national policies and measures to encourage women to birth more children. As a developing country, the population size of India is smaller than China. Consider history of caste, religion, political party differences and realistic causes, India's family planning policy cannot be effectively promoted like China. India's government wants to reduce population growth rate through the social policies such as reward the single-child family, but with little success. Our country's high birth rate, low death rate and high growth rate have been changed to low birth rate, low death rate and low growth since current population and family planning law has produced legal effectiveness. However, the demographic structure of China is unreasonable. Men are more than women, and irrational proportion problem is serious such as aging population. The law system is not perfect, and the legal texts are not unified. Enforcement of unity and law enforcers to different levels lead to many problems in family planning work, such as law enforcement, abuse and violent purchased, social compensation fee too high and so on.Administrative compulsive power is the core content of administrative compulsion theory. It can't create new rights obligation. According to the exercise of administrative decision has been made, it must lawfully exercise. Administrative compulsive power cannot damage the interests of the administrative countparts, just as to choose the administrative enforcement of fertility behavior. The abuse of compulsory administrative means do not only harming the administrative relative person's health and property rights, but also make the entire family planning the deterioration of the environment bad in the family planning work . Family planning departments and the relationship between administrative countparts will be oppositional. In order to improve this situation, we must be from two aspects: first, the social compensation fee levied in accordance with legal procedures of administrative power, what's more is keep the principle that people-oriented. Our target is keeping the social harmonious, so we must consider fully the actual conditions of the family and super to living family "amerce" accept ability. We can introduce the hearing procedure. Second, standardizing the administrative compulsory means choice is important; the way to enumerate the family planning department can be used to specify the compulsory administrative means. We must forbid the administrative enforcement of previous in roughly way.The fertility system involves the demographic category. Fertility laws must consider China's traditional fertility culture. Advocating new fertility culture and constructioning birth civilization are important. Meanwhile, reform and perfect the social security system is a scientific and effective to birth system foundation and strengthening the construction of facilities is urgent.