The Study On Family Planning From Constitution Perspective

Family planning is a basic national policy identified by our constitution,which is essentially a birth control act,that is the state attempts to guide the birth of citizens to achieve a specific national purpose.Birth control is a very important topic in the world,the constitutional community of the United States,Germany and other countries are also discussing,but they prefer with the abortion,privacy,personal self-determination and other issues.However,the study of family planning in China is mainly from the limits of the characteristics of the child's reproductive behavior,means influence,etc.Besides China,a lot of developing countries in Asia have also implemented a birth control system similar to our family planning system.From our family planning system,we have a long term impact on the country's planning system,which involves many civil rights,coupled with in the implementation process hurt many people benefit,So many people question its legitimacy and demanded to abolish the family planning.There are many problems with the implementation of the family planning system,but in general,especially in recent years towards more and more reasonable direction,The emergence and existence of the family planning system has its rationality and there are similar family planning systems abroad,blindly abolishing it not only unrealistic but also may to re-implement a system similar to family planning in the future.The Third Plenary Session of the 18 th CPC Central Committee has made the decision of “two separate children policy”,especially since The fifth Plenary Session of the 18 th CPC Central Committee made the decision of “universal two-child policy”,China's family planning system has been a very big change,the family planning system is still continue to change the space in the future.Research related legal issues have some theoretical and practical significance,but the legal community,especially the constitutional scholars study on the family planning system is relatively inadequate.Some scholars had a certain study on family planning,but mostly of them study it from the family planning history,reproductive rights,family planning system and others perspectives.But research on the implementation of the family planning system in the process of damage to citizens of equal rights,health and other rights is relatively inadequate.This paper intends to analyze the theory and practice of damaging the right of child's reproductive right,equal rights and health right in the process of family planning system in our country,combined with China's national conditions are more similar to the Southeast Asian countries,the population control system's lessons,family planning system in our country from long-term connotation of "one children policy" to " universal two-child policy " change,under this background of analysis of the the advantages and disadvantages of family planning system in China.This paper is divided into six parts.The first part is the introduction to this article,mainly introduces the background and origin of this writing.The second part is the first chapter of this article,mainly introduces the concept of family planning system in China,the theoretical basis and so on.The third part is the second chapter of this paper,mainly introduces the history and significance of our family planning system.The fourth part is the third chapter of this article,is also the most important part of this article,mainly introduced in China's family planning system in the implementation process of some damage to the citizens of constitutional rights,this part of the system from the implementation of our family planning system to damage the citizens of the reproductive rights,equal rights and right to health.Briefly describes the connotation of reproductive rights,equal rights and the right to health and the argument that the family planning system undermines the citizens' reproductive rights,equal rights and health rights.The fifth part is the fourth chapter of this article,mainly introduced Malaysia and other Southeast Asian countries and India's population control lessons,wish to be able to give our country to further improve the family planning system to provide experience.The sixth part is the fifth chapter of this article,this chapter mainly introduces the modify of "The Population and Family Planning Law" and combined with the new method to analyze the bright spot and the insufficiency of our family planning system adjustment.Finally,in the conclusion of the family planning system for a simple summary,and made a prospect for its future's adjustment direction.