Research On Family Planning Obligations Of Chinese Constitution

From the 1970 s China began to implement the family planning policy, has been for decades. Throughout the world, there are very few nation have the family planning system. Even in India which has a huge population, there is no clearly defined national family planning system. Family planning has been written into Chinese Constitution in 1982. It became the basic obligations of citizens, and began the process of legalization. Researches on family planning obligations of Chinese Constitution, whether the subject、range、quality, are less than the researches to other obligations. Some important theoretical and practical issues associated with family planning obligations have not been adequately addressed, which including: Connotation and extension of family planning obligations; The theoretical basis and setting standards of the family planning; The relationship of family planning obligations and reproductive rights; The subject、content、nature of family planning obligations; The situation, strengths and weaknesses of the family planning Legal System. Through the analysis of these issues, the thesis aims to promote the development of family planning policy, improve central and local relevant laws and regulations, and the Safeguard Mechanism, deepen research the basic theory of civic duty, clarify the obligations of future trends in family planning.The thesis is divided into five parts. The first part is to establish family planning obligations on a reasonable interpretation of our Constitution. This part discusses the extraterritorial reproductive system; the theoretical and practical foundation established by China’s family planning obligations; the relationship of family planning and reproductive rights obligations and so on. China’s family planning obligations are not only according to the theoretical foundation of the Marxist theory of population and the Ma Yin-chu’s "New Population Theory", but also according to the economic, social, cultural, environmental, resource levels and other practical basis. Family planning obligation is to limit the reproductive rights of citizens. It is legitimacy and necessary and line with the principle of proportionality. The second part is to analyze the constitutional obligation on family planning. Not only the couple, but also single men and women should be the subject of family planning. The family planning obligation is mandatory and policy, including the number of children control, child-bearing age control and birth spacing control, etc. Article 25 of our Constitution is the standard of family planning obligations no matter what stage. There have different family planning policy according to the actual situation. The third part is the situation and problems in the legal system of China’s family planning. It includes the legal system and the incentives and disincentives to family planning obligations. Those issues affect the development of China’s family planning system. The fourth part is complete the legal system of family planning under the Constitution. Suggestions for how to improve those issues, real implementation of family planning, and protect people’s rights and interests enjoyed. It includes amending the laws and regulations, improving provisions for second child, clearing protection the reproductive rights of citizens, specific provisions the content of limiting reproductive rights; establishing and improving multi- relief mechanism and ensuring the implementation of family planning, improving the relevant security and punitive measures, repealing the provisions of the termination of pregnancy, reforming the assessments for this purpose system, making the sanctions more reasonable and constitutional; forming a reasonable, rational and scientific concept of fertility. The last part is the future development trend of Chinese family planning obligations. China is facing some new population issues, such as low fertility, aging serious, demographic imbalance, which affect the future direction of Chinese family planning obligations. With the gradual development of Chinese economy and society, family planning obligations should change and more in line with Chinese national conditions, to further promote the development of our country.