Family planning in China was initially guided entirely by policies but has been gradually brought under the formal and substantive rule of law. In this process, more and more value considerations have been given on the rights and interests of individuals subject to family planning, and the relationship between policies and legal order has undergone a profound transformation. In 2012, some noteworthy new progresses have been made in the legalization of the family planning system. However, problems still exist in the current legal system of family planning, including over-dominance by the ideas of strategic management, the logical inconsistencies in the key legal system, complicated and cumbersome administrative procedures, and the over-emphasis on the quantitative control of population. To deal with these problems, China needs to relax regulatory measures, gradually abolish the system of "social maintenance fees", establish a legal system of comprehensive service that covers the entire process of childbirth as well as the entire population, improve legal remedies, and strengthen the safeguarding of the relevant rights and interests.
<<