The Population and Family Planning Law took effect on September 1.
To help people gain a better understanding of the law, China.org.cn
arranged a special interview with Zhao Bingli, vice minister of the
State Family Planning Commission. Zhao explained in detail the
background to the promulgation of the law and China's current
situation of population and family planning.
China.org.cn: Although the Population and Family Planning
Law was formally implemented on September 1, family planning has
actually been practiced as a basic policy of the nation for more
than 20 years, proving highly effective. What was the central
government's original intention in creating such a law?
Zhao: Family planning affects all households since each
person and each family must contend with the issue. Such a broad
action needs a law to standardize its implementation. For example,
what exactly are the people's rights and responsibilities in family
planning? And what responsibilities should the government undertake
in the process of implementing the law? All these aspects should be
standardized by an act of law.
Actually, the government considered and discussed the legislation
on family planning 20 years ago. Deng Xiaoping promoted the idea of
family planning legislation as early as 1979. Chen Yun, another
late Chinese leader, was also active. But conditions were not ripe
at that time. The final promulgation and implementation of the
Population and Family Planning Law was due to three factors: the
central government attached a great deal of importance to the work;
after years of implementing the basic policy it is now widely
supported by the people; and a set of successive experiences have
been formed which suit the country's current situation and modern
economic and social development.
China.org.cn: What kind of impact will the implementation of
the Population and Family Planning Law have on the government's
work and people's daily lives?
Zhao: The law sets high demands on the government,
especially on the family planning administrative departments. For
example, the family planning departments must now quickly change
their ideas and style of operation. The methods used to implement
family planning policy were formed under the circumstance of a
planned economy. As a result, there were too many restrictions and
oversimplified ways of handling things. Governmental departments
must solve the problems hindering family planning development under
the condition of new circumstances, continuously improve the
quality of working staff, and guarantee the healthy and steady
development of the undertaking.
Besides, to fully protect people's rights is the basic concern of
the legislation. The law stipulates the legal rights of people and
states that the government should create conditions for the people
and provide them with suitable, safe and effective family planning
services. The government should encourage and award those people
who carry out family planning according to policy. It should help
relieve people of their family concerns and gradually improve the
social security system to enable people to benefit from the
successful implementation of family planning.
China.org.cn: Thirty years have passed since China
introduced family planning policy. What is the country's population
situation like today?
Zhao: After 30 years of efforts, exponential population
growth has been effectively controlled, and some 300 million births
have been prevented. Under undeveloped economic circumstances and
in a relatively short period of time, the country has realized a
remarkably low birth rate.
China.org.cn: Since the nation's high birth rate has been
checked and the population growth rate has been reduced, is there
any possibility the current policy may become more flexible and
allow each couple to have two children?
Zhao: First, I'd like to explain China's family planning
policy. China's family planning policy is not the "one child
policy" as understood by some people. The government advocates each
couple to have one child in accordance with the family planning
policy. However, any couple facing genuine difficulties, mainly
those in rural areas whose first child is a girl, can apply for the
birth of second child by going through the necessary formalities.
If couples in urban areas are both the product of a one child
family they are entitled to produce a second child. Besides, the
policies in ethnic minority areas are actually more flexible. Since
specific birth policies are set by each province according to local
circumstances, the conditions vary from province to province and
from city to city. Even within one province, different areas may
have different circumstances. Within a single area, different
ethnic minority groups may also be subject to different
policies.
China.org.cn: Some foreign media and people believe that the
Population and Family Planning Law gives the impression that
China's family planning policy has become more flexible. Is this a
reasonable view?
Zhao: This understanding is not correct. Personally I think
they may have the wrong impression probably because they do not
properly understand the law in three respects. First is the policy
on imposing a social levy. "Does this mean that a couple can have
more children if they have enough money?" some people ask. My
answer is no. By implementing a social levy, the government will
necessarily restrict those people who run counter to state laws and
regulations and give birth to more children. These people who have
to pay the levy add not only their own family's difficulties, but
also to overall social difficulties. Second, the Population and
Family Planning law clearly stipulates that those citizens who give
birth to more children than permitted by regulation will have to
face the consequences of legally imposed economic penalties. This
is mandatory. The third policy objective is to protect and
encourage those families which carry out family planning in
agreement with the policy.
China.org.cn: Some foreign media and, in particular,
Washington Post, have criticized family planning policy in
China for endorsing regional differentiation and double standards.
How do you think about these?
Zhao: Obviously the people who hold such views don't have a
very good understanding of China's family planning policy. The
existence of regional disparities is a long recognized observable
fact and the family planning policy has been worked out by
individual provinces based on the local conditions. Differing
social and economic development in different places predetermines
dissimilar policies.
In
addition, aiming to establish a new system that completely changes
the old way of implementing family planning through administrative
directives, a comprehensive experiment on new birth control
measures is currently being conducted in some places. The policies
on trial are logically different from those of other areas. This
has nothing at all to do with double standards.
China.org.cn: Some foreigners have criticized China's policy
of family planning for encroaching upon human rights. What are your
comments with regard to this point?
Zhao: The Chinese government has spared no effort in
protecting human rights. However, both history and reality clearly
show that subsistence and development are prerequisites for
guaranteeing the rights of individual humans. The great population
pressure is a significant factor restraining China's further
development. Consequently, one of China's most basic and protracted
policies has been to practice family planning that reflects both
the fundamental and long-term interests of the people and benefits
the social and economic development of the country. In the final
analysis, the ultimate goal of improving people's livelihoods with
the aid of birth control does not go against human rights.
Meanwhile, we have to admit that in the early days of family
planning, to check the overgrowth of population, some inexperienced
staff handled things in oversimplified and even uncivilized ways as
there were no regulations controlling their actions. But what I
have to mention here is that even in that time, there were
principles in carrying out the family planning policy, which
coupled proper guidance with voluntary participation. Now the Law
on Population and Family Planning provides legal protection for the
legitimate rights and interests of citizens. According to the law,
those who implement birth control policies by taking oversimplified
and uncivilized ways may be sued and punished.
China.org.cn: As far as we know, reproductive health care is
part of China's family planning. At present, the State Family
Planning Commission is cooperating with the United Nations
Population Fund (UNFPA) to launch a pilot project in 32
poverty-stricken counties in China. Would you give a brief account
of the ongoing project?
Zhao: First, we plan to gradually substitute the old method
of setting a standard for child-bearing with newer more relevant
policies. Second, by making follow-up visits to patients, we are
going to step by step issue service cards to replace the original
child-bearing certificates. At the same time, we will educate the
people on different methods of contraception and birth control so
that they can make informed decisions.
China.org.cn: When will the new system be applied
nationwide?
Zhao: Actually, along with our experiments in the selected
places, the same systems have been implemented in over 800
counties, accounting for one-third of the total number of counties
in China. So far, a full-scale introduction of the new measures has
been made in Liaoning, Fujian and Zhejiang provinces and applied on
trial in the west. According to the latest survey, issues such as a
rebound in fertility rates and an increase in the percentage of
abortions has not occurred in those areas where a knowledge of the
new laws has been disseminated among the people. This proves that
legal consultancy services and the dissemination of scientific
knowledge relating to birth control are more effective measures
than mandatory administrative orders.
(China.org.cn by staff reporter Hu Huiting, October 18, 2002)