"This revision is mainly to implement the spirit of the the State Council Central Committee's Decision on Optimizing the Birth Policy to Promote the Long-term Balanced Development of the Population (hereinafter referred to as the" Decision "), and to modify the three-child birth policy, which has little to do with the three-child birth policy and involves less." Zhi Zhenfeng, a researcher at the Institute of Law of the Chinese Academy of Social Sciences, said.
Promoting the Long-term Balanced Development of Population In June this year, the Central Committee of the State Council issued a decision to amend the Population and Family Planning Law of the People's Republic of China, advocate marriage and childbearing at the appropriate age, and implement the three-child policy. According to reports, the draft amendment is clear: a couple can have three children.
After the implementation of "two children alone" and "universal two-child policy", the population situation has achieved certain results. In 20 16 and 20 17, the birth population in China was above 170,000, but after 20 18, it declined for three consecutive years, and the decline rate was very large. According to the seventh census data, in 2020, the birth population in China will be120,000, and the total fertility rate will be 1.3.
"According to our birth monitoring in the first half of 20021,the birth population and fertility level will still show a downward trend this year. At the same time, the degree of population aging is further deepened, and it will continue to face the pressure of long-term balanced population development in the future. " Yu Xuejun, deputy director of the National Health and Wellness Commission, said on July 2 1.
"The implementation of the three-child birth policy and supporting measures aims to prevent the birth population from further declining, promote the realization of an appropriate birth level and promote the long-term balanced development of the population." He said.
On the aspect of optimizing the birth policy, Zang Tiewei, spokesman of the National People's Congress Standing Committee (NPCSC) Law Commission, introduced in August 13 that the main provisions of the revised draft also include: the state takes comprehensive measures to promote the realization of an appropriate birth level, optimize the population structure and promote the long-term balanced development of the population.
"Family planning" will remain the name of the law. "China's population still has structural problems of gender and regional imbalance, and the carrying capacity of population and economic and social resources is in a tight balance, especially in remote and poor areas. In this sense, family planning is still needed. " Zhi Zhenfeng told 2 1 Century Business Herald.
There is no punishment at the legal level. After this revision, social support payments will become history. Zang Tiewei introduced in August 13 that the draft amendment will cancel the social support fee and delete the provisions that are not suitable for the three-child birth policy.
Zhi Zhenfeng introduced that in the current Population and Family Planning Law of the People's Republic of China, the provisions on social support and non-compliance with the three-child birth policy are mainly Articles 4 1 and 42.
Article 4 1 of this law stipulates that if a citizen gives birth to a child that does not meet the requirements of Article 18 of this law, he shall pay social support fees according to law. Failing to pay the social maintenance fee payable in full within the prescribed time limit, an overdue fine will be charged in accordance with the relevant provisions of the state from the date of default; If it still fails to pay, the family planning administrative department that made the collection decision shall apply to the people's court for compulsory execution according to law.
Article 42 stipulates that the person who pays social maintenance fees according to Article 4 1 of this Law, who is a state employee, shall also be given administrative sanctions according to law; Other personnel shall also be given disciplinary sanctions by their units or organizations. "After the deletion of these two articles, it means that even if four or more children are born, there will be no penalties at the national legal level." Zhi Zhenfeng said.
But this does not mean the cancellation of all punishment measures. According to reports, in the local population and family planning regulations, there are still provisions on the punishment of "super-born" party and government workers. For example, in some places, family planning is included in the qualification criteria for NPC deputies and CPPCC members.
Zhi Zhenfeng believes that the local population and family planning regulations also need to be revised, which is consistent with the revised Population and Family Planning Law of the People's Republic of China.
The name of social support fee has changed from "penalty for excessive birth" to "unplanned birth fee" and then to "social support fee". The understanding of its nature also ranges from administrative fines to government funds, and then to economic inhibitory charges.
At present, the Regulations on Social Support Fees are mainly based on the Administrative Measures on the Collection of Social Support Fees, which is one of the three administrative regulations supporting the Population and Family Planning Law. The other two parts are "Measures for the Administration of Family Planning Work of Floating Population" and "Regulations on the Administration of Family Planning Technical Services". Zhi Zhenfeng believes that after the revision of the Population and Family Planning Law of the People's Republic of China, the three supporting laws and regulations also need to be revised or abolished.
The revised draft of establishing a universal nursery service system also puts forward positive fertility support measures, stipulating that the state should take support measures to reduce the burden of family fertility, parenting and education. According to Xinhua News Agency, the draft amendment adds provisions to promote the establishment of a universal child care service system, build infant activity places and supporting service facilities in residential communities, and allocate maternal and child facilities in public places and workplaces according to regulations.
There must be supporting measures to implement the triplet birth policy, among which universal nursing is very important. From 2065438 to May 2009, the General Office of the State Council issued the Guiding Opinions on Promoting the Development of Infant Care Services under 3 years old, which is the first national policy document specifically aimed at the development of infant care services.
On June 5438+ 10 of the same year, the National Development and Reform Commission and National Health Commission jointly issued the Implementation Plan for Supporting Social Forces to Develop Inclusive Nursing Services (Trial), demanding "efforts to increase the effective supply of inclusive nursing services for infants under 3 years old". Subsequently, various localities have successively issued implementation opinions on the development of infant care services. According to 2 1 Century Business Daily, more than half of the provinces have issued implementation opinions.
However, a person in the nursery industry told reporters that at present, the policies and norms introduced by various provinces have different focuses, and the forms and standards of support are also different, especially in the standard of inclusiveness.
For example, only a few regions put forward normative requirements for the charging standards and service standards of nursery institutions, and only Zhejiang, Guangdong and Guangxi require non-profit or public infant nursery service institutions to refer to public kindergartens for charging.
The intensity of financial subsidies is also uneven. In general, provinces give financial subsidies in the form of "purchasing services, substituting awards for subsidies, and expanding degree subsidies", while Shaanxi has defined the standard: for every new quota, it will be given 6,543,800 yuan. The draft amendment also requires medical and health institutions to provide health care services during pregnancy and childbirth, and strengthen support and guidance for infant health care.
In addition, a new paragraph is added to the draft amendment: support places where conditions permit to explore the establishment of parental leave. Experts believe that this is a necessary measure to improve the maternity leave system. According to reports, Beijing stipulates that if you give birth to three children after May 3 1 (inclusive), you will enjoy maternity leave for 30 days, and your spouse will enjoy paternity leave 15 days.