A Study On The Family Planning Of Constitution In China

Family planning is one of the basic national policies of our countr y.It refers to the measures taken by the state to adjust the population growth rate and geographical distribution,and mainly through the law to stipulate that the citizens can control the number of children,fertility interval and so on.The purpose of the population,the purpose of which is to adapt the population to economic and social development.Community is the obligation that every citizen must fulfill,and the state also has a series of obligations in the implementation of the family planning policy.In this paper,the study of family planning terms is from its constitutional status and normative aspects of the start,the full text includes seven parts,in addition to "Introduction" and"Conclusion",the core content of five parts:First,the relevant concepts are defined.Through the method of etymology,this paper explores the conceptual connotation of family planning,basic national policy,national obligation,reproductive right and equal rights,so as to lay the foundation for the discussion of the article.Second,the constitutional status of family planning provisions,family planning terms belong to the basic national policy clause.From the normative structure of the family planning clause,it analyzes its constituent model,in which the Constitution 25 belongs to the definitive clause in the national policy clauses,which directly defines the purpose and principle of the implementation of family planning.Article 49(2)is a compulsory clause in the basic national policy clause.Family planning is a basic obligation that is clearly defined by the Constitution and citizens must comply with it,otherwise they will bear corresponding legal consequences.Thirdly,a general examination of the normative meaning of the family planning clause is carried out.Comprehensive analysis of the constitutional interpretation,interpretation of the system(structure),historical interpretation and purpose interpretation,analysis of the elements of the clause,etc.should be explained For the implementation of the planned promotion of the country,so that population growth with economic and social development plan to adapt,"Article 49,paragraph 2 should be interpreted as" our citizens have the obligation to implement family planning";from the inverseist,Family planning obligations can be understood as "citizens can only be in accordance with the Supreme Legislature enacted by the law rather than the administrative department of the policy to fulfill this obligation."Fourthly,the special significance of the provisions of family planning provisions of the study;the main discussion of the terms of the country and the citizens in the rights and obligations of the particularity,such as the provisions of the state and citizens in the obligations of the set on the characteristics,States and citizens have rights and obligations.National obligations include:(1)the state should be a reasonable assessment of economic and social development,as a basis for the development and adjustment of family planning policy:(2)to develop as detailed as possible,with the feasibility of supporting laws and regulations,and to ensure that the laws and regulations Within the framework of family planning work:(3)the implementation of family planning work to fully protect human rights and safeguard the dignity of citizens.Rights and other aspects of the rights and other aspects of the problem.This provision gives the country the basis for the legitimacy of the implementation of the family planning policy,and does not specify the reproductive rights of citizens.Although family planning constitutes a restriction on reproductive rights,it is necessary.The implementation of family planning work should pay attention to the appropriateness of the methods and methods,whether the "differential treatment" in the family planning policy is reasonable and needs specific analysis.Fifth,the main discussion of family planning terms itself and the current situation under the new situation of family planning work which problems or problems.From the point of view of the text of the clause,there is a problem that the provisions are vague and the protection of the reproductive rights is not enough.In the practice of gamble,there is imbalance between population sex ratio,aging,single child,"population burden",social support And put forward corresponding measures and suggestions for these problems.Such as the establishment of a scientific family planning work and socio-economic development plan supporting the assessment mechanism,vigorously promote the scientific population knowledge,improve the twin service supporting mechanism.