Research On The Family Planning Clause In The Constitution

Family planning is an important means to balance the country's economic and social development and population growth.According to the economic and social development plan,the country formulates a birth policy in line with the national conditions.In different periods,it is its proper meaning to adjust the direction and measures of family planning policy with the economic and social development.There are two substantive provisions on family planning in the current China's Constitution,which are respectively located in Article 25 of the General Outline of the Constitution and Article 49,Paragraph 2 of Chapter II,Basic Rights and Duties of Citizens.Article 25 of the Constitution stipulates that "the state promotes family planning to make the population growth adapt to the economic and social development plan".The provisions of this article are very abstract,which is a national policy clause and has the effect entrusted by the Constitution.This paragraph shows that the country is the main body of carrying out family planning and clarifies the standard and purpose of carrying out family planning,that is,"to adapt the population growth to the economic and social development plan".Therefore,the understanding of family planning policy should not be limited to the aspect of birth restriction,but should grasp the adaptability of family planning policy from the perspective of economic and social development.Article 49,paragraph 2,of the Constitution stipulates that "both husband and wife have the obligation to implement family planning",which stipulates that the subjects who undertake the obligation of family planning are married citizens,and the content of the obligation is specified by law according to the economic and social development plan and the actual situation.The obligation is a policy obligation with flexibility.This paper analyzes the family planning provisions in the Constitution and discusses the family planning provisions and related issues,which is divided into three parts.The first part emphasizes and highlights the special status and value of the family planning clause in the China's Constitution,discusses the important connotation of the family planning clause in the Constitution and the importance of constitutional interpretation for its understanding and application,and clarifies that the family planning clause,as a policy clause,is constitutional and needs to be adhered to as a basic national policy for a long time.The second part introduces the provisions of family planning and the problems arising from its implementation,mainly analyzes the norms of reproductive rights and obligations,and explains the social problems arising from the implementation of family planning with practical cases.In the third part,some suggestions are put forward to solve the related problems in the theory and practice of family planning,including strengthening the standardization of family planning in the Constitution,perfecting the Law of Population and Family Planning,building a systematic and comprehensive legal system of family planning and clarifying the basic responsibilities of the government in family planning.It is proposed that we should use the means and methods of constitutional interpretation to explain the family planning clauses,and then take the constitutional value as a guide to better implement the family planning clauses,providing basic basis and theoretical support for policy adjustment and population development strategic planning.