Research On The Legalization Of My Country's Fertility Policy

In the 1960 s and 1970 s,China began to implement family planning policy,which effectively controlled the problem of excessive population growth in our country.The concept of eugenics and superior education was integrated into family planning policy,so that the quality of China's population was constantly improved on the basis of controlling the population quantity and scale,and a good image of a responsible country with a large population was established.In order to enable family planning policy to be more fully implemented,family planning policy has been written into the Constitution and other laws and regulations.In 42 years of legislative practice,China has initially formed a relatively complete legal system for family planning policy,which has increased the authority of that.It provides a legal basis for the fertility administration to implement administrative actions,so as to regulate the development of fertility work and achieve a good interaction between policies and laws.The rule of law is divided into the formal rule of law and the substantive rule of law.The formal rule of law focuses on formal legitimacy,while the substantive rule of law incorporates basic human rights and other values on the basis of the formal rule of law.The unity of the two is conducive to the realization of fairness,justice and social stability.It can be said that China's family planning policy has basically achieved a formal transformation from national policy to the legal system.With the promotion of the rule of law,family planning policy has undergone a substantive transformation of the rule of law.It incorporated the reward and assistance mechanisms,technical services,rights relief and other content into the law,and confirmed a series of rights for citizens in childbearing,which makes family planning policy no longer focus on controlling the number of people,but starts to change from management to services.The legalization of family planning policy is helpful to realize the win-win situation for the development of population undertakings and the protection of the citizens' freedom of childbirth,optimize the population structure of our country and improve the population quality of the entire nation.However,there are still some problems in the process of legalization of family planning policy,for example,the laws and regulations related to the fertility field are not complete,and the legal provisions related to reproductive rights are scattered;the fertility administrative departments still implements compulsory administrative methods as the main means when undertaking administrative actions,and make insufficient use of the non-compulsoryadministrative methods;the policy of reward and support has not sufficiently relieved the citizens' fertility pressure;there are fewer remedies for citizens whose fertility rights have been violated.It is precisely because of the above problems that citizens need to consider too many factors in their reproductive choice,so they dare not or do not want to give birth.Faced with the gradual decline in fertility rate and the deepening of the aging population,China may choose to liberalize restrictions on the number of births in the later period,but this does not mean that family planning policy will be canceled,but to promote the legalization of that,so as to comprehensively safeguard the rights and interests of citizens,and provide support for the birth of citizens.On the one hand,we need to understand the process of the legalization of family planning policy,search the current laws and regulations related to the field of fertility in China,understand the impact of these regulations on policy implementation and the lives of citizens,and analyze the problems in the process of the rule of law.On the other hand,we need to think about the perfect path to improve the legalization of family planning policy from the perspective of the country's long-term development,at the same time,we should also consider how to solve the fertility problem for the citizens in the process of the rule of law in combination with the difficulties that citizens actually encounter in childbearing.Therefore,we can promote the transition from government-led family planning to family-led family planning and respect the principal status of citizens.We will accelerate the continuous improvement of fertility-related laws and regulations so as to better regulate the administrative actions of fertility administration.At the same time,social institutions,enterprises and public institutions should give full play to their roles in the society,provide good health services for women who have given birth and reduce the risk of unemployment by consolidating multiple forces,encourage couples to participate in the child-rearing process together,and provide infant care services for dual-worker families.The state alleviates the burden of citizens on childbearing by providing diversified fertility services and guide the citizens to make reproductive choices responsibly.Everyone's life is closely related to the development of the country,so each small step of each person's progress brings together a large step of the country.Only by paying attention to all aspects of China's fertility cause can we optimize the population structure,improve the quality of China's population and promote the country's long-term progress and development.