颁布、施行人口与计划生育法对人口与计划生育工作的挑战

颁布、施行人口与计生法为加强人口与计生工作提供了法律保障 ,无疑是一件大好事。但是 ,特殊的国情决定了实施人口与计生法会遇到许多困难和问题 ,对人口与计生工作的思路、方法 ,对人口与计生工作的任务、要求 ,对人口与计生工作的作风、工作效率 ,等等 ,都是一种挑战。因此 ,我们必须采取有力措施 ,积极应对这种挑战 ,切实搞好依法管理 ,依法实行计划生育     

计划生育依法行政理论与实践初探

计划生育工作的依法行政是依法治国方略的基本要求 ,是社会主义市场经济发展的必然产物 ,是实现计划生育行政管理职能的重要手段。计划生育行政执法应坚持合法性、合理性和高效率原则。当前存在的问题主要有计划生育行政执法者自身的素质不高 ,管理对象法律意识淡薄以及立法上存在的问题。应加强计划生育执法队伍建设 ,完善立法工作 ,健全执法监督体制 ,提高执法水平     

A better future is ahead of us

China's family planning program is implemented under the unified leadership of the Chinese government. The main responsibilities under this program are to set up and strengthen family planning offices at all levels, formulate relevent laws and regulations, work out programs, principles, and policies for population growth, carry out intensive publicity and education, speed up scientific and technological research on family planning, and mobilize all the people and related departments to support the work of family planning. Family planning in China is practised on a voluntary basis. Education on patriotism is conducted among the people to enable them to see that strict control of population growth and conscious practice of family planning according to policy have a crucial bearing on China's prosperity and well being. As shown in practice, China has not only succeeded in maintaining sustained and steady economic growth, but has also succeeded in drastically reducing the population birth rate, death rate, infant mortality rate, and in extending average life expectancy. This demonstrates the superiority of China's socialist system. To control the growth of the population is an extremely arduous task. However, as long as China keeps to a practical and effective policy, the goal of keeping the total population at around 1.2 billion by the end of the century can be attained.     

人口立法与人口教育应同步进行

我国《人口与计划生育法》实施以来,不仅使我国司法机关和人口工作者在人口管理中有法可依,而且给理论工作者拓展了一个新的研究空间。人口教育对人口立法起着制约的作用,二者只有同步进行,才能充分发挥法律效力,实现人口与经济、社会、资源、环境的协调发展。     

Implementation of China's population policy

On July 1, 1982 China's 3rd national population census reported the population of the 29 provinces, municipalities, and autonomous regions on the mainland at 1,008,175,288, showing a net increase of 460,000,000 or 84% over the 548,000,000 recorded at the end of 1949. At this time China's population is about 1/4 of the world. Its population policy must conform to her national conditions and will be successful only to the extent that it does so. Discussion focuses on the main features of China's population policy. In 1953 the State Council instructed the Ministry of Health to support birth control by providing contraceptives. It also ratified provisions concerning contraception and induced abortions. In 1962 the State Council issued "Instructions on Conscientious Advocacy of Family Planning." China not only advocates and publicized family planning but also takes specific measures. Special administrative organizations were established in 1964 to oversee scientific research, production, and supply of contraceptives and to provide couples of childbearing age with free contraceptives. An all round attack on family planning work in 1966 led to unchecked childbirth resulting in rapid population growth. In 1971 Premier Zhou Enlai reiterated the importance of population control in 1971 and asked that it be incorporated into the 4th Five Year Plan for the development of the national economy. Family planning was incorporated into the Constitution in 1978. China's 20 years of experiences with family planning suggest that a country's population policy becomes effective only with repeated efforts. The 10-year period of turmoil undermined the enforcement of the population policy. Recently the State Family Planning Commission organized a nationwide fertility survey which indicated tremendous successes for China's population control drive. The total fertility rate dropped from 5.29 in the 1950s to 2.63 in the 1980s. The population census shows that the momentum of China's population growth cannot be checked without strict measures because the population is characterized by a huge base figure, a young age composition, and a fertility rate much higher than a population replacement level. China's population policy is formulated in line with her national conditions. Specific provisions for family planning reflect different ways to deal with different people.     

We must complete the population control system to control the population peak and achieve our population goal]

Since 1986, China has experienced another baby boom which is expected to last till 1997. If no effective measure is implemented to check population growth, the population target of around 1.2 billion will not be achieved. The author proposed four population regulation mechanisms that need to be strengthened. First, ideological education needs to be used to change people's perceptions about family size, so that couples would willingly accept small families. Second, financial incentives and penalties need to be used to direct people to regulate their fertility. The incentive and penalty technique directly affect the interests of the family and is likely to produce rapid results. Third, legislation can be used to regulate reproductive behavior, the laws and legislation which restrict social behavior should be utilized for population control purposes. Once legislation on fertility regulation is passed, those who violate the law can be penalized. Furthermore, legislation gives family planning (FP) workers legitimacy in implementing the program and can help avoid disputes in the process of FP program implementation. Fourth, provision of contraception and abortion services is an important mechanism to ensure the realization of the objectives of population growth control. Meanwhile, the effectiveness of contraceptive methods and the acceptance of abortion depends on the research and development of contraceptive technology and on abortion techniques. These fertility regulatory mechanisms have not be adequately established, and their functions have not been fully utilized. The current FP program is hampered by simplistic ideological education, abusive use of incentives and penalties, lack of legislation, and unmet needs in contraceptive development. To achieve the population targets, these mechanisms need to be strengthened.     

Research on population theory must be integrated with China's reality]

This article is based upon a speech delivered by the author to a conference on population theory in memory of the centennial celebration of the death of Karl Marx. The conference was organized by the Institute of Population Theory of the Chinese People's University. According to the author, the only correct way to study population theory is to use the Marxist population theory as a guiding principle and integrate it with China's reality, and the format of dogmatism should not be adopted. The work on population theory studies should be established on a political and scientific foundation. The Chinese people should have a clear understanding of the goal of limiting China's population figure to under 1.2 billion at the end of this century. To reach this goal, the general public must be educated and understand to close relationship between family planning and the economic and social development of all of China. Family planning is a absolute necessity for the fundamental interests of China as a nation and as a people. Technical personnel and scientific theorists should be trained and organized in order that their work may satisfy the needs of China's reality. Family planning work should also be handled according to China's current situation.     

A new study of China's population control during the past ten years

This paper summarizes the control of population in China in the past 10 years and the changes that are occurring. Recently, an increase in the number of family members has directly influenced socioeconomic status by increasing family income and improving living conditions. Rural families have no incentives to control the number of children born. The cyclic effect of the 1962-73 baby boom is also causing a recent surge in population. China has studied these problems and has taken the following measures: new family planning systems have been established; population has been controlled macroscopically and flexibility is allowed at an individual level; governmental family planning organizations have been set up and financed; family planning education has been increased; family planning services have been enforced; incentives and restrictions have been implemented. China must work as a whole to enact and enforce these policies. Families must show restraint in childbearing. The only way for this to be accomplished is by decreasing the socioeconomic incentives to have children. Finally, reforms should be in tune with changing situations.     

A grand gathering of model family planning workers in China

At the 1986 National Commendation Conference of Family Planning Vice Premier Wan Li told the 600 participants from all parts of China that the task of controlling population growth during the 6th Five-Year Plan had been accomplished and that the trend of population growth had been held in check. He emphasized the progress made in the field of family planning, noting that family planning is a basic state policy of China and that the government always regarded family planning as a priority concern. Wan Li made the point that the population control stipulated in the 6th Five-Year Plan is of great significance to the promotion of China's 4 modernizations -- socialist construction and the improvement in the living standards of the people -- as well as helpful to the stabilization of world population growth. Recommending a flexible approach to family planning, the Vice Premier urged those engaged in family planning to work to overcome compulsory and coercive approaches. He recommended scientific research devoted to birth control technology and asked family planning workers to give family planning a higher priority in order to assure fulfillment of the plan for population control as outlined in the 7th Five-Year Plan.     

Does family planning work in a Chinese way

The demographic and economic characteristics of China make it necessary to do family planning work in China in a Chinese way. Special characteristics of China and corresponding strategies are detailed 1) China is rather underproductive and underdeveloped, with a huge population, whose growth must be curtailed while industrial and agricultural production is enhanced. 2) In the next 10 years, a large number of young people will center childbearing age, prompting a government policy favoring late marriage and one child per couple. 3) China is large and heterogeneous, and regional authorities should have some population policymaking functions to take sociocultural differences into account. 4) Male child preference ideology in rural areas has been gently combated with a resulting increase in family planning rate from 65.1% to 74.2% from 1979 to 1983. Family planning authorities have made considerable progress, as demonstrated by figures such as a drop of women's total fertility rate from 5.68 in the 60s to 2.07 in the 70s. The task at hand remains large: the population at the end of 1983 was 1,024,950,000. However, family planning is an element of state policy, the marriage law, and the constitution, and mored an more, societal ideology. Government policy equates family planning with child wellness and societal welfare and attempts supportiveness of couples showing positive birth limiting attitudes. An ample system of family planning programs and resource persons furnishes education, a variety of high quality methods are available, and contraceptive research is some of the best in the world.     

流动人口计生管理问题及其多层次原因分析——以深圳市盐田区为例

本文利用在深圳市盐田区通过多种形式获得的第一手资料,从流入城市的区、街道和居委会三个层面描述流动人口计划生育管理的现状和存在的主要问题,并从流动人口自身特点、计划生育行政地位、计划生育管理体制、社会环境等多个角度深入展开原因和对策分析.研究发现,强化基层计划生育机构行政职权、健全"齐抓共管"工作机制以及改善流动人口计生管理工作的法律和财政环境是提高流动人口计划生育管理绩效的重要途径.     

A discussion of the effect of development of commodity economy on rural fertility trend in the countryside]

A long-term commodity economy in China, according to this report, will help to improve family planning and to decrease the population. The new economic reforms have brought a commodity economy to rural areas of China and the result is an improved level of productivity and a higher standard of living. At this stage in China's economic development, many couples want to have more than 1 child which they could not afford before. This poses a new problem for family planning objectives. As the economy has shifted from a partially self-contained economy to a commodities-based one, more rural inhabitants want more children for the following reasons: 1) the economic system in China is based on the production of individual households (since agriculture in China today is still carried out by manual laborers, the household productivity rate is determined by the number of laborers it can provide); 2) as rural inhabitants have a higher income than before, they are no longer worried about fines; 3) decentralization reduces the governments financial resources and it is unable to follow through with, e.g., promises of 1-child family incentives and bonuses, and welfare. As a result, families do not uphold the family planning objectives. Family planning will eventually overcome these problems, however, through promotion of family planning campaigns and as the commodity economy advances and becomes more thoroughly developed. The author states that China is currently in the midst of an economic transition period which, once over, will see a decrease in the overall population.     

试论未来中国计划生育工作的转变

未来中国的计划生育应该发生如下转变 :(1)计划生育政策的理论依据将从适度人口论向可持续发展理论转变 ;(2 )人口控制的重点将从以人口数量控制为主向结构平衡、素质优先转变 ;(3)政策执行模式从行政经济强制模式向法律规范、经济利益导向模式转变 ;(4)政策执行机构将从计划生育委员会改革为人口政策委员会 ;(5 )计划生育政策与其它公共政策的协调将更加有效。     

People's Republic of China Law on Population and Birth Planning

Plans by the Chinese government for drafting and passing a national law on population and birth planning were first reported in 1978. Progress toward that politically sensitive goal has been, however, very slow. During the past two decades, the legal basis of China's birth planning program was limited to provincial legislation. By the late 1990s, birth planning was the only major national policy area that did not have national enabling legislation. In January 2000 the State Birth Planning Commission sent a draft of the law on population to the State Council for interagency review and party approval. At the end of 2000, the National People's Congress placed the law on its 2001 agenda. After the required multiple reviews, and with some changes, the Standing Committee of the NPC passed the Law on Population and Birth Planning on 29 December 2001, and on the same day President Jiang Zemin signed and promulgated the Law. The Law is to come into effect on 1 September 2002. The background and significance of this legislation are discussed in detail in the opening article in the present issue of this journal. The author of the article, Edwin A. Winckler, also prepared an English translation of the Law on Population and Birth Planning. This translation is reproduced below. It is followed by a note by the translator.     

计划生育综合改革的经验、问题与对策

2000年国家人口计生委做出了推进人口和计划生育综合改革的战略决策,2002年中央针对计划生育综合改革又明确提出“依法管理,居(村)民自治,政策推动,优质服务,综合治理”二十字方针,几年来,在计划生育综合改革的实践中,得到了一些经验,对遇到的一些问题提出相应对策。     

Preliminary achievements of China's national economy development and family planning]

A preliminary view of the population control policies of the People's Republic of China is the subject of this report. The report maintains that population control policies are closely linked to economic growth and indicates that criticism by the West of these policies is unfounded. According to an investigation of 1000 married women of child-bearing age carried out in 1981, 19.1% of them have 1 child, 21.4% of them have 2, 49.5% have 3 and only 9.9% of them have no children. This would seem to refute the West's idea of the "1 child only" policy as strict and clear-cut. The report maintains that economic growth and family planning are functions of one another. Although China has made marked progress in population control, its population problem is still far from being resolved as population growth is still relatively high compared to productivity. The marriageable population is extremely high and increase in population create a burden on education, employment, transportation, welfare, housing and medicine each year. The trend in rural areas (which make up 80% of China's population) to have larger families to produce more labor must be reversed in order to make population control objectives feasible. Thus, the need for China to continue its efforts to promote rural economy and family planning must continue. The needs for improvement in promotion and family planning education as well as for improved medical conditions are also evident.     

Sum up experience to make continuous progress

Population control in China has been very successful in combatting the extremely rapid growth in population (birth rate: 1960's 33.65/1000; 1970's 24.57/1000; 1980's 18.3/1000). The female mean age for 1st marriage has increased from 19 in the 1950's to 22.63 in the 1980's. Infant mortality has declined substantially from the 1950's to the present (200 deaths/1000 vs. 81.3/1000 (cities)). Most people have embraced family planning and population control and have emphasized quality of childrearing vs. quantity. The goals of China's policy are as follows: economic development of the nation and well-being of individuals; coordination of population growth and socioeconomic development; implementation not only in accordance with state condition, but also according to the wishes of the people; continued success of the population and family planning organization network; integration of state guidance with individual voluntariness; and strengthening the unified leadership of the state. China's 3rd baby boom began in 1986 and will last through 1995. Unplanned children will count as 30% of the annual births. Government action is attempting to strengthen family planning education and research. These measures will help control the expected population boom.     

The current situation and tasks of China's population control

During the 10 years from the late 1960's to the late 1970's, China's birth rate declined by 50%. Currently, however, China is in the midst of a baby boom. 3 statements characterize the birth rate: The growth rate is high (birth rate is 21.04/1000 in 1987 and natural increase was 14.39/1000); unplanned births are common; and population growth is varied in different areas of the country (10 provinces show 3rd or higher parity births at an average rate of 20%; the highest rate in a province is 45%). Several measures are suggested to deal with these population problems; increase nationwide awareness of population control; stabilize current family planning policies with only special case exceptions; expand contraceptive services and increase scientific research in the area of family planning; and enact economic and social welfare policies in line with population control.     

To raise the family planning work to a new level--a comprehensive introduction to the National Family Planning Working Conference]

The National Family Planning Working Conference convened on August 10-16, 1982 in Beijing, China. Among the 250 conferees were family planning representatives from various provinces, cities, autonomous regions, the People's Liberation Armt, representatives of partial progressive areas, counties, communes, the Central Committee, State Council, All China Women's Federation, All China Federation of Trade Unions, journalists and population theorists. Topics of discussion included the current situation of family planning work, how to implement the Central Committee's directive on improving family planning work, and the relationship between population law and population development by the year 2000. On August 18 Premier Zhao Ziyang told various representatives at a meeting that population control was a longterm national policy and emphasized its importance in long-range economic and social planning. The Vice-premier of the Chinese People's Political Consultative Conference, Wang Shoudao, implored the representatives to understand the directive's contents and said family planning would serve later generations. The Chairman of the National Family Planning Commission, Quian Xinzhong, reviewed the current population situation, noting the encouraging fact that the birth rate for the first 6 months of 1982 was higher than the first 6 months in 1981 by only 1/1000. In order to raise birth control work to a new level, he suggested the following steps: strengthen family planning propaganda; strenuously follow the policy of 1 child per family; obtain permission to have a 2nd child; oppose unplanned births; establish various birth control responsibility systems; and improve contraceptive research and techniques.     

A brief introduction to China's family planning programme

China's family planning program is described in reference to its goals, approaches, and achievements. Between 1949-83, China's population increased from 541 million to 1,024,950,000. The population has a young age structure, and the median age is 22.9 years. 80% of the population is rural, and 90% of the population lives in the southeastern region of the country. In view of this demographic situation, the government recognizes the need to control population growth. China's goals for the year 2000 are to increase industrial and agricultural input by 400% and to keep population size below 1.2 billion in order to ensure that per capita income increases. In accordance with these goals, the government, in 1979, began advocating a 1-child policy. To ensure the survival of single children, the government also launched a program to upgrade maternal and child health (MCH). In some rural areas and among certain minority groups, the 1-child restriction is not applied. Family size goals will vary with time. These variations will reflect the need to maintain a balance between economic growth and population growth. A variety of incentives are used to promote the 1-child family. For example, single children receive medical and educational benefits, and in some rural areas, the parents of single children can obtain additional land contracts. Economic disincentives are also used. The government seeks to obtain compliance with the policy primarily through educating the public about the consequences of uncontrolled population growth. All channels of the mass media are used to deliver the messages, and the publicity campaign is especially intensive in rural areas. A comprehensive plan to provided family planning and population education for middle school students is currently being implemented. Each local area develops its own fertility control plan. This plan is then incorporated into the nation's overall plan and the overall plan is implemented from above. Family planning workers bring free contraceptives directly to the people, and family planning motivators are found in almost all villages, neighborhood committees, factories, and military units. As a result of these efforts, China made great strides in controlling population growth and improving MCH during the last decade. The birth rate declined from 27.93 to 18.62, and the total fertility rate declined from 4.01 to 2.48. 124 million couples were practicing contraception by the end of 1983. 41% used IUDs, 37.4% relied on tubal ligation, 12.9% relied on vasectomy, 5.1% on oral contraceptives, and 1% on other methods. The quality of maternal and child care also improved. 92.7% of all deliveries are now performed by trained midwifes. Infant and maternal mortality rates declined considerablely in recent years. Currently the respective rates are 35.68/1000 live births and 0.5/1000 live births. In 1983 alone, the gross national agricultural and industrial output increased by 46.1%. Since 1979 per capita income increased annually by 18.3% among rural residents and by 10.7% among urban workers. China controls and operates its own population program, but in recent years, it increased its cooperation with UN Fund for Population Activities, other UN agencies, and nongovernment agencies. China recently completed its 3rd national census, and demographic research institutes have been established in 10 universities.