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Population and Family Planning Law of the People's Republic of China (China Population and Family Planning Law)

Time:2014-03-13 Hit:957

Population and Family Planning Law of the People's Republic of China (China Population and Family Planning Law)

   The Population and Family Planning Law of the People's Republic of China, hereinafter referred to as China Family Planning Law, the Law is adopted at the 25th Meeting of the Standing Committee of the Ninth National People's Congress of China on December 29, 2001, effected as of the day of September 1, 2002.

There are seven chapters in China Family Planning Law, from "The General Provision" to "legal Liabilities" and "Supplement Provisions". We will discuss the main body of the China Population and Family Planning Law as follows:

Article 1 and Article 2 states the necessity and aims of promoting such law: in order to bring the coordinated development between the population and the society, economy, environment and to protect the legitimate right and interest of citizens, as a result, family planning shall be fundamental policy to control the size of the population.

The policy shall be enacted by the way of education, offering more opportunities for females to get employed, the establishment of reward and social security system.

   The people's governments at all levels shall be responsible to perform their administrative duties exercise leadership over the population and family planning programs and to promote the family planning according to the law.

Administrative Department for Family Planning under the State Council shall be the head office executing the family planning population program nationwide. Other public organizations shall assist the people's governments in carrying out the population and family planning programs. Departments in charge of education, science and technology, culture, public health, civil affairs, the press and publication, and radio and television broadcasting are obligated to contribute to the population program and family planning.

  For the Implementation of Population Development Plans, People's governments at or above the county level, who is responsible for routine implementation of the population and family planning plans, may formulate plans for implementation of the population and family planning programs and make arrangements or specified measures for their implementation according to the local situation.

   The Chinese government encourages late marriage and late childbearing. Specific measures of allowing a second child shall be formulated by the people's congress or its standing committee of a province level, autonomous region level, or municipality which is directly under the Central Government.

   The State creates conditions to ensure that individual citizens knowingly choose safe, effective and appropriate contraceptive methods. Where birth control operations are performed, the recipients' safety shall be ensured. Couples of reproductive age shall adopt contraceptive methods and accept technical services and guidance for family planning.

   As some traditional family may want boys instead of girls when giving birth, the Family Planning Law prohibits such discrimination against women who give birth to baby girls or abolishment of baby girls, and use of techniques to identify fetal sex for non-medical purposes is strictly prohibited for the hospital.

  All Citizens bear the responsibility for family planning, and the couples practice family planning, marry late and delay childbearing, shall be rewarded by law such as longer nuptial and maternity leaves as an employee. A certificate of "Honor for Single-Child Parents" shall be issued to a couple who volunteer to have only one child in their lifetime, and enjoy rewards according to relevant regulations. If the only child is killed in accidents or disabled, the local people's government shall provide the couple with necessary assistance if the couple decides not to have another child or adopt another child.

   For the rural family, the local government shall family planning practicing households shall be given support and preferential treatment in terms of poverty-alleviation loans, relief through work and other poverty-alleviation projects, and other social assistance.

   Within the scope of their respective responsibilities, Family planning technical service institutions and medical and healthcare institutions shall, shall give guidance to citizens practice family planning in choosing the safe, effective and appropriate contraceptive methods, provide pregnancy check-ups and follow-up for married women of reproductive age, offer advice and guidance and provide technical services in respect of family planning and reproductive health.

  According to article 36 and 39 of China Family Planning Law, the following actions shall be punished:

(1) Illegally performing an operation on another person related to family planning

(2) Using techniques to identify fetal gender for non-medical purposes

(3) Performing a fake birth-control operation, providing a false medical report, or issuing a certificate of family planning deceptively

(4)The government officer who infringed a citizen's personal rights, property rights or other legitimate interests

(5)The government officials who abused his/her power, neglecting his/her duty or engaging in malpractices for personal gain

(6) The government officials who demand or accept bribes

(7) The government officer who withhold, reduce, misappropriate or embezzle funds for family planning or social maintenance fees

(8) The government officials who make false or deceptive statistic data on population or family planning, or fabricate, tamper with or refuse to provide such data.

   Any citizen who gives birth to babies not in compliance with the provisions of Article 18 of China family planning Law shall pay a social maintenance fee in accordance with the law, if he/she fails to pay the full amount of the said fees payable within the specified time limit shall have to pay an additional surcharge each in accordance with relevant regulations, counting from the date that he/ she failed to pay such fees. Such administrative punishment shall be enforceable by the People's Court.

If the aforementioned citizen is a government officer, he shall be given an administrative sanction in addition.

   Any people who resist or hinder the government officer enforcing the China Family Planning Law shall be subject to criticism and be stopped by the administrative department for family planning, if the act constitutes a violation of administrative regulations for public security, a penalty up to criminal level may be given for the violation of the relevant law.

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