Constitution Dimensionality Of Selective Two-child Policy

To resolve our increasing serious population problem,the 3rd Plenary Session of 18 th CPC Central Committee, which adopts the decision on Major Issues Concerning Comprehensively Deepening Reforms,put forward the selective two-child policy based on family planning policy. Afterwards,governments at all levels initiate and push the policy by revising local population and family planning law and promulgating resolution. From the perspective of constitution,the policy essence is how the national public power limits citizen’s fertility right. While from the perspective of the force of fertility limitation,the policy serves as a reconciliation product between the national public power and the game of citizen’s fertility right with the further release of fertility right and the expansion of subject range of legitimate second-child bearing. It gives consideration to the necessity that national public power should limit and adjust the fertility right,but also guarantees less damage to citizen’s fertility right,good principle of proportionality and relative balance between public power and fertility right. Through comparison between the policy legislation intention and real fertility willingness established by policy maker,the policy,however,fails to achieve the expected results till now,and new inequalities are added due to continuous restriction on non-only child two-child fertility right based on former family planning policy.The paper,starting with the fertility right limitation theory,evaluates the policy along with the basic human right nature for fertility right and the skeleton of the right limitation boundary to reach its rationality and presents its problems. Suggestions on perfecting our selective two-child policy have been put forward from the angle of constitutional jurisprudence and population economics.