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Family law is an important place among all the legal ramifications of the planet. The reasons for this are obvious: the family - the most important social unit, an example of micro-society, relationships between people which directly affect the relations in the macro-social environment. This is evidenced by the fact that in many industries such as family law does not exist, and the method of legal regulation of family law in favor of civil-legal method. My report deals with the problem of children born in China. It is the oldest state whose history goes back thousands of years to the mid-twentieth century, faced with a rather severe problems associated with overpopulation of the country. Population growth rate of China are striking. It is connected first to the fact that in the territory of a lot of highly fertile land, warm climate, access to the sea - all contributed to a stable economic situation of the country, a good stable climate conducive to high levels of public health. Secondly, the majority of the population was employed in agriculture and its attendant industries. Among the rural population is statistically quite a high percentage of fertility. This feature of mentality of the Chinese rural population is not something special and was observed in several other countries, including the territory of Russia empire. However, in the latter, for reasons both historical and geographical mortality rate exceeded the birth rate, so there was no active growth of the population.
Background.
The three major census of the twentieth century in China were held in 1953, 1964 and 1979. The campaign for birth control began in the mid-50's, was initiated by Mao Zedong and was the forerunner of the policy of one child in the family. The campaign focused on raising the age at marriage, which was considered one of the main and most effective way to reduce fertility. However, the effectiveness of these measures to limit the birth rate across the country have been very modest. The policy was phased out because of the so-called Great Leap Forward Great Leap Forward, which meant a lot of manpower and can not dock with the restriction of fertility. In fact, in this period the government did not realize the depth of the problem of overpopulation of the country. But because he ignored the problem, it has not disappeared. In 1962 the second phase of the campaign that focused on is going to be giving birth. But even then the main methods by which the government tried to control the birth rate have been propaganda, individual work with people. As the benefits of the planned childbearing indicated its usefulness in terms of maternal and child health, providing better opportunities to work or school parents, welfare families and the entire state. The only law that was introduced, was a law on minimum age for marriage, but despite that, according to the official explanation of its compliance was not compulsory. The recommended age for marriage for women was 23-27 years and 25-30 years for men, but there were many cases of marriage to twenty years, both women and men. Another innovation, which became the forerunner of one-child policy in the family, though again only in the form of agitation, propaganda has been to reduce the number of children per family with three (it was in the middle of the 50th) to two.
In the early seventies there, strengthening the campaign, and in 1971 came out, published by the CPC Central Committee Document No. 51, the essence of which was as follows: at all levels of management must work harder to conduct extensive propaganda activities, conduct educational measures to ensure that voluntary planning fertility and later marriage became widespread among the general population in urban and rural areas. All planning services were provided free birth.
Rate policy of one child in the family.
The main legal action against the overpopulation began in the second half of the seventies. They were provoked, first, the death of Mao Zedong, and secondly the sharp deterioration of the economic situation in the country. In 1978, the population policy was first legislated in the Constitution of the PRC. The language was pretty mild: The State encourages and supports family planning. But despite this, it was clear that the Government was seriously concerned. In the same year, the CPC Central Committee adopted the document number 69, which proclaimed a policy of one-child family. Already by 1979, a draft of a law which provides for administrative, moral, economic incentives and one-child restrictions on large families. Pairs of volunteers and one child received a certificate of honors planned fertility. In the city one child receives a benefit in the allocation of housing and the allocation of land for private housing. Parents of one child are 10 per cent of wages as a guide and are exempt from taxes and education. For large established restrictions on employment insurance, medical and consumer services, for housing. This policy, as might be expected, met with mass protests and condemnation. Someone called it a crime against the person. However, in reality, even in the beginning it was not really so tough. The problem was that the implementation of the policy have been received so-called local authorities, regional and city governments. They sought to improve performance against overpopulation, but because often exceeded their powers, forcing women, even in the ninth month abortions. April 13, 1984 document number 7 on the policy until the spring of 1986. It was forbidden to use coercive measures, stressed the voluntary nature of planning. The use of contraceptive methods stood out as the preferred abortion, and the latter could only be voluntary.
Compared with the city, village, from the very beginning received a number of retractions. Document number 7 calls take into account the peculiarities of the population in the area. For rural residents, this meant that they could not afford a second child, but only on condition that the first child - a girl, or born with physical or mental disabilities that must be witnessed by the relevant institutions. However, to obtain such permission, despite declaratory relief, it was not so easy. Moreover, in many provinces, in spite of it, imposing sanctions against families with their second child, although the latter had permission to do so. For this reason, authorities are faced with another problem: infanticide - is female infanticide, thousands of cases which occurred in connection with the fear of having one child and female. Generally, preference is given to newborn boys, was not only due to the fact that they constitute the main labor force. It is associated with Confucianism: in its canons of marriage and the family were based on the superiority of men, dominant role of men in the family. In 1981, China passed the Law on Marriage. Above all, it was an attempt at legislative level to address inequalities between men and women in marriage: Chapter 3. Family relationships
Article 13. Man and woman in the family have equal rights.
Article 14. Both spouses have the right to wear their husband's name or wife.
Article 15. Both spouses are free to participate in productive activities, work, learn and engage in social activities, while none of the parties can not interfere with or limit the other.
Moreover, under this law, daughter, in the absence of other children held fully responsible for their parents in old age. Parents who have made an assassination attempt on his children-girls: should have been punished in the form of 13 years imprisonment.
Results and criticism. Conclusion.
Many in China and abroad were sharply criticized the policy. As I said, some officials in the pursuit of the indicators used inhumane methods such as forced abortion and sterilization. Some called inhumane concept itself, which held the government of the PRC.
However, there are studies that the ideal population of the country in view of the territory, resource endowment and ecological situation is the population of 700 million people. Thus, the results of the census the early Eighties in China, the number of people amounted to 1 008 180 738 residents, three hundred million people above the norm. Today, in every Chinese have fewer agricultural inputs than the average inhabitant of Earth. Projected that by the 30th years of 21 century the population of China will lack drinking water. The policy of one child in the family was successful in reducing the growth rate of fertility, and if, in the 50th per woman on average in the region of 5 children, now the figure is 1. 8 children. This may seem absurd, but all the measures taken by the authorities of China have been necessary in order to prevent a catastrophe, with the possible planetary scale. After all, if those rates of growth in population, their territory to China eventually would become suitable for life. They would be forced to resort to mass migration. Talking about what might have been a more loyal policy, the critics did not think that such a policy, from 1953 to 1978 did not produce satisfactory results, and therefore could not continue to be implemented. This proved disastrous economic situation in the country by the end of the 70th. The fact that the introduction of the policy was a necessary measure, not an act of bigotry on the part of the upper authority in the PRC also proves reaction to events in the country in 2008, when, in Sichuan province, earthquakes killed more than 62 thousand people. Parents who have lost a child when it was allowed to violate the policy and give birth to another child. People who have agreed to adopt a child, will be paid an allowance, and will still be allowed to give birth to another, without fear of sanctions from the authorities.
Evaluating the morality of family policy in China is difficult. We, the people who do not live in China, it is difficult to understand and to imagine that such a problem as overpopulation may exist. Only theoretically analysts can predict the results of any actions of the authorities in China, as well as follow the trends of the country accurately. Even if it will be possible, it remains only a theory. The planned birth policy was a practical response to the situation, but it is quite different from theorizing on the basis of knowledge of the facts and our views on morality, the way in Europe, which for historical reasons, can not estimate the eastern morality. Therefore, the only proper response of the international community could and should be only assist the Government of the PRC. Otherwise it is better not to interfere.
langue: Anglais
Connaissance des langues: Locuteur natif, Compétence
Background.
The three major census of the twentieth century in China were held in 1953, 1964 and 1979. The campaign for birth control began in the mid-50's, was initiated by Mao Zedong and was the forerunner of the policy of one child in the family. The campaign focused on raising the age at marriage, which was considered one of the main and most effective way to reduce fertility. However, the effectiveness of these measures to limit the birth rate across the country have been very modest. The policy was phased out because of the so-called Great Leap Forward Great Leap Forward, which meant a lot of manpower and can not dock with the restriction of fertility. In fact, in this period the government did not realize the depth of the problem of overpopulation of the country. But because he ignored the problem, it has not disappeared. In 1962 the second phase of the campaign that focused on is going to be giving birth. But even then the main methods by which the government tried to control the birth rate have been propaganda, individual work with people. As the benefits of the planned childbearing indicated its usefulness in terms of maternal and child health, providing better opportunities to work or school parents, welfare families and the entire state. The only law that was introduced, was a law on minimum age for marriage, but despite that, according to the official explanation of its compliance was not compulsory. The recommended age for marriage for women was 23-27 years and 25-30 years for men, but there were many cases of marriage to twenty years, both women and men. Another innovation, which became the forerunner of one-child policy in the family, though again only in the form of agitation, propaganda has been to reduce the number of children per family with three (it was in the middle of the 50th) to two.
In the early seventies there, strengthening the campaign, and in 1971 came out, published by the CPC Central Committee Document No. 51, the essence of which was as follows: at all levels of management must work harder to conduct extensive propaganda activities, conduct educational measures to ensure that voluntary planning fertility and later marriage became widespread among the general population in urban and rural areas. All planning services were provided free birth.
Rate policy of one child in the family.
The main legal action against the overpopulation began in the second half of the seventies. They were provoked, first, the death of Mao Zedong, and secondly the sharp deterioration of the economic situation in the country. In 1978, the population policy was first legislated in the Constitution of the PRC. The language was pretty mild: The State encourages and supports family planning. But despite this, it was clear that the Government was seriously concerned. In the same year, the CPC Central Committee adopted the document number 69, which proclaimed a policy of one-child family. Already by 1979, a draft of a law which provides for administrative, moral, economic incentives and one-child restrictions on large families. Pairs of volunteers and one child received a certificate of honors planned fertility. In the city one child receives a benefit in the allocation of housing and the allocation of land for private housing. Parents of one child are 10 per cent of wages as a guide and are exempt from taxes and education. For large established restrictions on employment insurance, medical and consumer services, for housing. This policy, as might be expected, met with mass protests and condemnation. Someone called it a crime against the person. However, in reality, even in the beginning it was not really so tough. The problem was that the implementation of the policy have been received so-called local authorities, regional and city governments. They sought to improve performance against overpopulation, but because often exceeded their powers, forcing women, even in the ninth month abortions. April 13, 1984 document number 7 on the policy until the spring of 1986. It was forbidden to use coercive measures, stressed the voluntary nature of planning. The use of contraceptive methods stood out as the preferred abortion, and the latter could only be voluntary.
Compared with the city, village, from the very beginning received a number of retractions. Document number 7 calls take into account the peculiarities of the population in the area. For rural residents, this meant that they could not afford a second child, but only on condition that the first child - a girl, or born with physical or mental disabilities that must be witnessed by the relevant institutions. However, to obtain such permission, despite declaratory relief, it was not so easy. Moreover, in many provinces, in spite of it, imposing sanctions against families with their second child, although the latter had permission to do so. For this reason, authorities are faced with another problem: infanticide - is female infanticide, thousands of cases which occurred in connection with the fear of having one child and female. Generally, preference is given to newborn boys, was not only due to the fact that they constitute the main labor force. It is associated with Confucianism: in its canons of marriage and the family were based on the superiority of men, dominant role of men in the family. In 1981, China passed the Law on Marriage. Above all, it was an attempt at legislative level to address inequalities between men and women in marriage: Chapter 3. Family relationships
Article 13. Man and woman in the family have equal rights.
Article 14. Both spouses have the right to wear their husband's name or wife.
Article 15. Both spouses are free to participate in productive activities, work, learn and engage in social activities, while none of the parties can not interfere with or limit the other.
Moreover, under this law, daughter, in the absence of other children held fully responsible for their parents in old age. Parents who have made an assassination attempt on his children-girls: should have been punished in the form of 13 years imprisonment.
Results and criticism. Conclusion.
Many in China and abroad were sharply criticized the policy. As I said, some officials in the pursuit of the indicators used inhumane methods such as forced abortion and sterilization. Some called inhumane concept itself, which held the government of the PRC.
However, there are studies that the ideal population of the country in view of the territory, resource endowment and ecological situation is the population of 700 million people. Thus, the results of the census the early Eighties in China, the number of people amounted to 1 008 180 738 residents, three hundred million people above the norm. Today, in every Chinese have fewer agricultural inputs than the average inhabitant of Earth. Projected that by the 30th years of 21 century the population of China will lack drinking water. The policy of one child in the family was successful in reducing the growth rate of fertility, and if, in the 50th per woman on average in the region of 5 children, now the figure is 1. 8 children. This may seem absurd, but all the measures taken by the authorities of China have been necessary in order to prevent a catastrophe, with the possible planetary scale. After all, if those rates of growth in population, their territory to China eventually would become suitable for life. They would be forced to resort to mass migration. Talking about what might have been a more loyal policy, the critics did not think that such a policy, from 1953 to 1978 did not produce satisfactory results, and therefore could not continue to be implemented. This proved disastrous economic situation in the country by the end of the 70th. The fact that the introduction of the policy was a necessary measure, not an act of bigotry on the part of the upper authority in the PRC also proves reaction to events in the country in 2008, when, in Sichuan province, earthquakes killed more than 62 thousand people. Parents who have lost a child when it was allowed to violate the policy and give birth to another child. People who have agreed to adopt a child, will be paid an allowance, and will still be allowed to give birth to another, without fear of sanctions from the authorities.
Evaluating the morality of family policy in China is difficult. We, the people who do not live in China, it is difficult to understand and to imagine that such a problem as overpopulation may exist. Only theoretically analysts can predict the results of any actions of the authorities in China, as well as follow the trends of the country accurately. Even if it will be possible, it remains only a theory. The planned birth policy was a practical response to the situation, but it is quite different from theorizing on the basis of knowledge of the facts and our views on morality, the way in Europe, which for historical reasons, can not estimate the eastern morality. Therefore, the only proper response of the international community could and should be only assist the Government of the PRC. Otherwise it is better not to interfere.
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