Local laws and regulations support the end of the era as "exceeding birth is expelled".
Various localities have successively revised local family planning regulations
□ Our reporter Zhu Ningning
On September 22, the 18th meeting of the Standing Committee of the Thirteenth People’s Congress of Guangxi Zhuang Autonomous Region voted and passed the “Decision of the Standing Committee of the People’s Congress of Guangxi Zhuang Autonomous Region on Amending the “Regulations on Population and Family Planning of Guangxi Zhuang Autonomous Region” (hereinafter referred to as the “Decision ").
According to the "Decision", in the future, state officials will be "punished in accordance with the law" instead of "administrative expulsion in accordance with the law."
Prior to this, some provinces and municipalities have successively abolished the “expulsion when over-experienced” regulations were issued.
For example, in June 2020, the Standing Committee of the People’s Congress of the Ningxia Hui Autonomous Region revised the “Regulations on Population and Family Planning of the Ningxia Hui Autonomous Region” by deleting the content of expulsion of state employees for over-birth births, and amended it to “for state employees, Punishment according to law".
In addition, earlier, the family planning regulations of Guangdong, Hainan and other places also deleted the provision of "dismissal if they exceed one's birth".
With the successive amendments to local family planning regulations in various regions, the era in which local laws and regulations were supported by "exceeding birth and expulsion" came to an end.
The issue of population development is a major strategic issue related to my country's social development, and related population policies have always been a hot spot of social concern.
The report of the Nineteenth National Congress of the Communist Party of China clearly stated that it is necessary to promote the linkage of the birth policy and related economic and social policies and strengthen the research on population development strategies.
In 2015, the Central Committee of the Communist Party of China and the State Council issued the "Decision on Implementing the Comprehensive Two-Child Policy Reform and Improving the Management of Family Planning Services", fully implementing the policy that one couple can have two children.
As a result, my country's family planning policy has undergone a turning point adjustment.
It is against this background that the local population and family planning regulations have also ushered in major changes.
It is worth noting that in May 2017, four labor law experts sent a review proposal to the Legal Work Committee of the Standing Committee of the National People’s Congress. They believed that Guangdong, Yunnan, Jiangxi, Hainan, Fujian, Liaoning, Guizhou The relevant provisions in the local legislation of the seven provinces regarding "exceeding a birth means dismissal" violated the law.
In order to correct and prevent local legislation from arbitrarily breaking through the legal provisions, it is recommended to review the provisions in the local legislation that the employer unilaterally terminates the labor contract.
After receiving the review suggestions from 4 scholars, the Legal Work Committee of the Standing Committee of the National People's Congress conducted a comprehensive review of the local population and family planning laws and regulations, and conducted a thorough review of the issues raised by the review recommendations in accordance with Article 99 of the Legislative Law. Research, and at the same time solicit opinions from relevant departments in writing.
After research, the Legislative Affairs Committee of the Standing Committee of the National People’s Congress believes that in order to adapt to the new situation of population and economic and social development and promote long-term balanced population development, local legislation should actively adapt to the Party Central Committee’s policy spirit on the reform and development of family planning, and explore new legal thinking Under the current situation, the system, mechanism, methods and methods for implementing the basic national policy of family planning, in accordance with the requirements of reforming and improving family planning service management, promptly adjust relevant provisions in local population and family planning laws that are inconsistent with the reform direction and policy spirit.
Subsequently, the Legislative Affairs Committee of the Standing Committee of the National People’s Congress sent letters to the five local people’s congresses in Guangdong, Yunnan, Jiangxi, Hainan, and Fujian, suggesting that these five places provide for their over-birth employees in accordance with the actual conditions of the province. The provisions on expulsion or termination of labor (employment) contracts shall be revised in due course.
The reason is that these relevant regulations are no longer adapted to the changed situation and need to be adjusted.
Regarding the issue of over-birth of public officials, in 2019, the Legal Work Committee of the Standing Committee of the National People's Congress conducted a review and study of the “excessive birth is expelled” provision in local regulations based on citizen review recommendations.
The review and research found that my country’s population development has shown a major turning point. The local laws and regulations include “expulsion when exceeding births” and other strict control measures, punishments, etc., although there is a certain basis for higher-level laws, but in general, they are not. If it adapts to and does not conform to the spirit and direction of the party and the state on reforming and improving the management of family planning services, it should be adjusted in a timely manner, and it is recommended that relevant parties study and initiate revision and improvement work.
In May of this year, the Legal Work Committee of the Standing Committee of the National People's Congress once again responded to media reports about the expulsion of public officials who gave birth to three children.
The relevant person in charge stated that the Legal Work Committee of the Standing Committee of the National People's Congress has timely learned about the situation, sorted out the relevant provisions in laws and regulations, and conducted serious studies in conjunction with relevant parties.
The conclusion is that my country’s Population and Family Planning Law provides for administrative sanctions for state employees who have over-birth, without detailed provisions. The "Regulations on the Sanctions of Civil Servants of Administrative Organs" and "Interim Provisions on the Sanctions of Staff of Public Institutions" stipulate that the circumstances are serious. Was given expulsion.
According to the above regulations, it is not necessary to expel "super-birth" personnel.
The person in charge also pointed out that the implementation of family planning is a major strategy implemented by my country to ease the severe population situation under specific historical conditions. For more than 40 years, it has played an extremely important historical role in my country's economic and social development.
After entering the 21st century, my country's population situation has undergone a turning point. The Party Central Committee has made major decisions and deployments to adjust the family planning policy at the national strategic level in accordance with my country's population development trends, and fully liberalized the two children.
The penalties for “super-birth” persons should be coordinated with the current population development trend and the policy orientation of encouraging childbirth under the legal liability framework stipulated by the law.
According to reports, in the next step, the Legal Work Committee of the Standing Committee of the National People's Congress will pay close attention to the relevant situation of the family planning policy adjustment, further strengthen the filing and review of local legislation, and earnestly study relevant legal issues, so as to promote the country's economic and social development as soon as possible. Strategically adapted birth policies and amendments to improve laws and regulations put forward countermeasures and suggestions, and promptly initiate relevant legislative amendments as needed, so that laws and regulations are consistent with the guidelines and policies of the Party Central Committee.