Analysis On The Reform Of Family Planning Legalization Legalizing

As the pronoun of family planning in China,the nature of social compensation fees has always been controversial.Officials have defined social compensation fees as administrative levy,while many people in the theoretical and judicial fields regard social support as "administrative penalties" and the public generally believe "extra births means penalties." Starting from the relevant provisions on population and family planning,the scope of the objects of collection and the legal liability of civil servants and other workers who exceed the family planning limit being bundled improperly,and the amount of collection is totally inconsistent with the compensatory nature of administrative collection.Social compensation fees under such provisions violate the protection of basic human rights provided by the constitution,the protection of reproductive rights provided by the family planning law,and the subject status of human beings.The loss of an only child and the pressure of only child also affect the happiness of all residents.In the face of China's two-child policy,the fertility rate is still falling.Some places have started to introduce policies to encourage "having children",and no longer levy social compensation fees on families with excess children.The relevant regulations of social maintenance fees are in an embarrassing situation of "standing without use".Fully open family planning and the abolition of the social compensation fee call for higher voice,from neighboring South Korea and Japan's policy on birth control from control to open,to encourage the birth process and implementation effect is not obvious.China should draw on relevant experience,the people-oriented as the starting point of the one child policy,from the ban,penalty specification update for combining with the national family planning policy of awarding specifications,abolish the collection system of social compensation fees,"administrative sanctions" and "disciplinary sanctions" system to provide support for the nations family planning governance and form the soft constraints of governance system.Economic incentives and comprehensive social security measures to guide the people of childbearing age in accordance with the national policy,the exercise of reproductive rights,reshape the national family planning management idea.It also provides legal and policy guarantees for the full implementation of the family planning policy.