POPULATION CONTROL IN THE PEOPLE'S REPUBLIC OF CHINA In the last five years, China has embarked on dramatic new program for control of population growth know as the "one-child policy." Based on the belief that controlling the number of births is essential for China's modernization, the leadership has attempted to impose strict rules for family planning. I. Background In the first few years after the founding of the PRC, most leaders held the same views on population size as leaders of the previous regime. 1/ China is a big power, they felt, in part because it has a large population; and the more people the more power. These pro-natalist views held until the first census was taken in June 1953, which revealed the rapid pace of population growth. Attention then was turned to family planning issues for the first time. The birth control movement in China thus began in the 1950's, but policy vacillated frequently over the next three decades. From August 1954 to May 1957 can be considered the period in which the birth control movement was first established. In August 1954, the Government Administration Council (GAC), the forerunner of the present State Council, approved regulations on contraception and abortion promulgated by the Ministry of Public Health. At the time, abortion was permitted when continued pregnancy would be medically undesirable of in order to space childbirth. Both spouses had to apply for the operation and certification ___________________________ 1/ The history of population policy in the PRC is summarized in various sources. See Chung-kung nien-pao 1983-84 (Yearbook on Chinese Communism) 1-116--1-119 (Taipei, Institute for the Study of Chinese Communist Problems, 1984).POPULATION CONTROL IN THE PEOPLE'S REPUBLIC OF CHINA In the last five years, China has embarked on dramatic new program for control of population growth know as the "one-child policy." Based on the belief that controlling the number of births is essential for China's modernization, the leadership has attempted to impose strict rules for family planning. I. Background In the first few years after the founding of the PRC, most leaders held the same views on population size as leaders of the previous regime. 1/ China is a big power, they felt, in part because it has a large population; and the more people the more power. These pro-natalist views held until the first census was taken in June 1953, which revealed the rapid pace of population growth. Attention then was turned to family planning issues for the first time. The birth control movement in China thus began in the 1950's, but policy vacillated frequently over the next three decades. From August 1954 to May 1957 can be considered the period in which the birth control movement was first established. In August 1954, the Government Administration Council (GAC), the forerunner of the present State Council, approved regulations on contraception and abortion promulgated by the Ministry of Public Health. At the time, abortion was permitted when continued pregnancy would be medically undesirable of in order to space childbirth. Both spouses had to apply for the operation and certification ___________________________ 1/ The history of population policy in the PRC is summarized in various sources. See Chung-kung nien-pao 1983-84 (Yearbook on Chinese Communism) 1-116--1-119 (Taipei, Institute for the Study of Chinese Communist Problems, 1984).POPULATION CONTROL IN THE PEOPLE'S REPUBLIC OF CHINA In the last five years, China has embarked on dramatic new program for control of population growth know as the "one-child policy." Based on the belief that controlling the number of births is essential for China's modernization, the leadership has attempted to impose strict rules for family planning. I. Background In the first few years after the founding of the PRC, most leaders held the same views on population size as leaders of the previous regime. 1/ China is a big power, they felt, in part because it has a large population; and the more people the more power. These pro-natalist views held until the first census was taken in June 1953, which revealed the rapid pace of population growth. Attention then was turned to family planning issues for the first time. The birth control movement in China thus began in the 1950's, but policy vacillated frequently over the next three decades. From August 1954 to May 1957 can be considered the period in which the birth control movement was first established. In August 1954, the Government Administration Council (GAC), the forerunner of the present State Council, approved regulations on contraception and abortion promulgated by the Ministry of Public Health. At the time, abortion was permitted when continued pregnancy would be medically undesirable of in order to space childbirth. Both spouses had to apply for the operation and certification ___________________________ 1/ The history of population policy in the PRC is summarized in various sources. See Chung-kung nien-pao 1983-84 (Yearbook on Chinese Communism) 1-116--1-119 (Taipei, Institute for the Study of Chinese Communist Problems, 1984).POPULATION CONTROL IN THE PEOPLE'S REPUBLIC OF CHINA In the last five years, China has embarked on dramatic new program for control of population growth know as the "one-child policy." Based on the belief that controlling the number of births is essential for China's modernization, the leadership has attempted to impose strict rules for family planning. I. Background In the first few years after the founding of the PRC, most leaders held the same views on population size as leaders of the previous regime. 1/ China is a big power, they felt, in part because it has a large population; and the more people the more power. These pro-natalist views held until the first census was taken in June 1953, which revealed the rapid pace of population growth. Attention then was turned to family planning issues for the first time. The birth control movement in China thus began in the 1950's, but policy vacillated frequently over the next three decades. From August 1954 to May 1957 can be considered the period in which the birth control movement was first established. In August 1954, the Government Administration Council (GAC), the forerunner of the present State Council, approved regulations on contraception and abortion promulgated by the Ministry of Public Health. At the time, abortion was permitted when continued pregnancy would be medically undesirable of in order to space childbirth. Both spouses had to apply for the operation and certification ___________________________ 1/ The history of population policy in the PRC is summarized in various sources. See Chung-kung nien-pao 1983-84 (Yearbook on Chinese Communism) 1-116--1-119 (Taipei, Institute for the Study of Chinese Communist Problems, 1984).POPULATION CONTROL IN THE PEOPLE'S REPUBLIC OF CHINA In the last five years, China has embarked on dramatic new program for control of population growth know as the "one-child policy." Based on the belief that controlling the number of births is essential for China's modernization, the leadership has attempted to impose strict rules for family planning. I. Background In the first few years after the founding of the PRC, most leaders held the same views on population size as leaders of the previous regime. 1/ China is a big power, they felt, in part because it has a large population; and the more people the more power. These pro-natalist views held until the first census was taken in June 1953, which revealed the rapid pace of population growth. Attention then was turned to family planning issues for the first time. The birth control movement in China thus began in the 1950's, but policy vacillated frequently over the next three decades. From August 1954 to May 1957 can be considered the period in which the birth control movement was first established. In August 1954, the Government Administration Council (GAC), the forerunner of the present State Council, approved regulations on contraception and abortion promulgated by the Ministry of Public Health. At the time, abortion was permitted when continued pregnancy would be medically undesirable of in order to space childbirth. Both spouses had to apply for the operation and certification ___________________________ 1/ The history of population policy in the PRC is summarized in various sources. See Chung-kung nien-pao 1983-84 (Yearbook on Chinese Communism) 1-116--1-119 (Taipei, Institute for the Study of Chinese Communist Problems, 1984).2 from a doctor and the approval of the "responsible unit to which they belong" were required. 2/ The Ministry of Public Health, under the direction of the GAC, launched a birth control education movement. In September of that year, Shao Lizi, a delegate to the National People's Congress, pointed out that accelerated population growth could have serious consequences and called for a government effort to give contraception information and supplies to the people. Liu Shaoqi, who at that time was Chairman of the Standing Committee of the National People's Congress. convened the first symposium on birth control in December 1954. A year and a half later, in September 1956, Premier Zhou Enlai made statements advocating the limitation of population in his report on the first Five Year Plan. With this formal declaration of a policy, it seemed that birth control efforts were all underway. On February 27, 1957, Mao Zedong delivered a famous speech on handling contradictions in which he said that population questions were important, though his attitude toward population control was somewhat ambiguous. The next month, at the Political Consultative Conference meeting, population control was a key issue; 32 delegates expressed views on the subject and 66 proposals were advanced. The People's Daily carried an editorial calling for control of births. Despite all this activity, the movement did not make much progress in the country as a whole in the late 1950's, because traditional ---------- 2/ Guangming ribso (Brightness Daily) (Beijing), Dec. 19, 1954, quoted in L. Lee, "Five Largest Countries Allow Legal Abortion on Broad Grounds," Population Report, Series F, no. 1, Apr. 1973, at F-2. Some have reported that in the early years of the PRC, abortion was only permitted for couples that already had four children. H. Yuan Tien, "Population Control and Induced Abortion in Mainland China," 25:1 Marriage and Family Living 40 (Feb. 1963).2 from a doctor and the approval of the "responsible unit to which they belong" were required. 2/ The Ministry of Public Health, under the direction of the GAC, launched a birth control education movement. In September of that year, Shao Lizi, a delegate to the National People's Congress, pointed out that accelerated population growth could have serious consequences and called for a government effort to give contraception information and supplies to the people. Liu Shaoqi, who at that time was Chairman of the Standing Committee of the National People's Congress. convened the first symposium on birth control in December 1954. A year and a half later, in September 1956, Premier Zhou Enlai made statements advocating the limitation of population in his report on the first Five Year Plan. With this formal declaration of a policy, it seemed that birth control efforts were all underway. On February 27, 1957, Mao Zedong delivered a famous speech on handling contradictions in which he said that population questions were important, though his attitude toward population control was somewhat ambiguous. The next month, at the Political Consultative Conference meeting, population control was a key issue; 32 delegates expressed views on the subject and 66 proposals were advanced. The People's Daily carried an editorial calling for control of births. Despite all this activity, the movement did not make much progress in the country as a whole in the late 1950's, because traditional ---------- 2/ Guangming ribso (Brightness Daily) (Beijing), Dec. 19, 1954, quoted in L. Lee, "Five Largest Countries Allow Legal Abortion on Broad Grounds," Population Report, Series F, no. 1, Apr. 1973, at F-2. Some have reported that in the early years of the PRC, abortion was only permitted for couples that already had four children. H. Yuan Tien, "Population Control and Induced Abortion in Mainland China," 25:1 Marriage and Family Living 40 (Feb. 1963).2 from a doctor and the approval of the "responsible unit to which they belong" were required. 2/ The Ministry of Public Health, under the direction of the GAC, launched a birth control education movement. In September of that year, Shao Lizi, a delegate to the National People's Congress, pointed out that accelerated population growth could have serious consequences and called for a government effort to give contraception information and supplies to the people. Liu Shaoqi, who at that time was Chairman of the Standing Committee of the National People's Congress. convened the first symposium on birth control in December 1954. A year and a half later, in September 1956, Premier Zhou Enlai made statements advocating the limitation of population in his report on the first Five Year Plan. With this formal declaration of a policy, it seemed that birth control efforts were all underway. On February 27, 1957, Mao Zedong delivered a famous speech on handling contradictions in which he said that population questions were important, though his attitude toward population control was somewhat ambiguous. The next month, at the Political Consultative Conference meeting, population control was a key issue; 32 delegates expressed views on the subject and 66 proposals were advanced. The People's Daily carried an editorial calling for control of births. Despite all this activity, the movement did not make much progress in the country as a whole in the late 1950's, because traditional ---------- 2/ Guangming ribso (Brightness Daily) (Beijing), Dec. 19, 1954, quoted in L. Lee, "Five Largest Countries Allow Legal Abortion on Broad Grounds," Population Report, Series F, no. 1, Apr. 1973, at F-2. Some have reported that in the early years of the PRC, abortion was only permitted for couples that already had four children. H. Yuan Tien, "Population Control and Induced Abortion in Mainland China," 25:1 Marriage and Family Living 40 (Feb. 1963).2 from a doctor and the approval of the "responsible unit to which they belong" were required. 2/ The Ministry of Public Health, under the direction of the GAC, launched a birth control education movement. In September of that year, Shao Lizi, a delegate to the National People's Congress, pointed out that accelerated population growth could have serious consequences and called for a government effort to give contraception information and supplies to the people. Liu Shaoqi, who at that time was Chairman of the Standing Committee of the National People's Congress. convened the first symposium on birth control in December 1954. A year and a half later, in September 1956, Premier Zhou Enlai made statements advocating the limitation of population in his report on the first Five Year Plan. With this formal declaration of a policy, it seemed that birth control efforts were all underway. On February 27, 1957, Mao Zedong delivered a famous speech on handling contradictions in which he said that population questions were important, though his attitude toward population control was somewhat ambiguous. The next month, at the Political Consultative Conference meeting, population control was a key issue; 32 delegates expressed views on the subject and 66 proposals were advanced. The People's Daily carried an editorial calling for control of births. Despite all this activity, the movement did not make much progress in the country as a whole in the late 1950's, because traditional ---------- 2/ Guangming ribso (Brightness Daily) (Beijing), Dec. 19, 1954, quoted in L. Lee, "Five Largest Countries Allow Legal Abortion on Broad Grounds," Population Report, Series F, no. 1, Apr. 1973, at F-2. Some have reported that in the early years of the PRC, abortion was only permitted for couples that already had four children. H. Yuan Tien, "Population Control and Induced Abortion in Mainland China," 25:1 Marriage and Family Living 40 (Feb. 1963).2 from a doctor and the approval of the "responsible unit to which they belong" were required. 2/ The Ministry of Public Health, under the direction of the GAC, launched a birth control education movement. In September of that year, Shao Lizi, a delegate to the National People's Congress, pointed out that accelerated population growth could have serious consequences and called for a government effort to give contraception information and supplies to the people. Liu Shaoqi, who at that time was Chairman of the Standing Committee of the National People's Congress. convened the first symposium on birth control in December 1954. A year and a half later, in September 1956, Premier Zhou Enlai made statements advocating the limitation of population in his report on the first Five Year Plan. With this formal declaration of a policy, it seemed that birth control efforts were all underway. On February 27, 1957, Mao Zedong delivered a famous speech on handling contradictions in which he said that population questions were important, though his attitude toward population control was somewhat ambiguous. The next month, at the Political Consultative Conference meeting, population control was a key issue; 32 delegates expressed views on the subject and 66 proposals were advanced. The People's Daily carried an editorial calling for control of births. Despite all this activity, the movement did not make much progress in the country as a whole in the late 1950's, because traditional ---------- 2/ Guangming ribso (Brightness Daily) (Beijing), Dec. 19, 1954, quoted in L. Lee, "Five Largest Countries Allow Legal Abortion on Broad Grounds," Population Report, Series F, no. 1, Apr. 1973, at F-2. Some have reported that in the early years of the PRC, abortion was only permitted for couples that already had four children. H. Yuan Tien, "Population Control and Induced Abortion in Mainland China," 25:1 Marriage and Family Living 40 (Feb. 1963).3 attitudes favored large families and the level of knowledge about contraception was low. Furthermore, some leaders were clearly against the movement; political theoretician Chen Boda denounced Malthus, claiming that china could absorb a great population growth. Policy turned against the birth control movement in the next few months. Ms Yinchu, a renowned economist with an American education, had published an article arguing that population control was essential to China's modernization; he was severely criticized in the anti-rightist campaign that followed the brief period of liberalization known as the Hundred Flowers. 3/ When Hao's talk on contradictions was published in June 1957, the section on population was deleted. The Great Leap Forward campaign launched by Hao in 1958 placed a great deal of emphasis on labor-intensive enterprises; this reinforced the feeling that population control could lead to a shortage of needed manpower. The family planning movement was suspended and its advocates were suppressed. The economic failure of the Great Leap Forward, which led to famine in the 1959-1961 period, made the seriousness of population pressure on resources apparent once again. Late marriage, as a method of postponing reproduction, was proposed; in practice, the policy became marriage at 28-30 years of age for men and 23-25 for women. In some congested areas, the government stopped supplying rations for babies in families that already had four children, to encourage family panning. When in January 1964 Zhou Enlai talked with Edgar Snow, an American journalist who had close relations with __________________________________ 3/ See L. Orleans, "China's Population Policies and Population Data: Review and Update," Report for the House Foreign Affairs Comm., 97th Cong., 1st Sess., 1981, at 4-5.3 attitudes favored large families and the level of knowledge about contraception was low. Furthermore, some leaders were clearly against the movement; political theoretician Chen Boda denounced Malthus, claiming that china could absorb a great population growth. Policy turned against the birth control movement in the next few months. Ms Yinchu, a renowned economist with an American education, had published an article arguing that population control was essential to China's modernization; he was severely criticized in the anti-rightist campaign that followed the brief period of liberalization known as the Hundred Flowers. 3/ When Hao's talk on contradictions was published in June 1957, the section on population was deleted. The Great Leap Forward campaign launched by Hao in 1958 placed a great deal of emphasis on labor-intensive enterprises; this reinforced the feeling that population control could lead to a shortage of needed manpower. The family planning movement was suspended and its advocates were suppressed. The economic failure of the Great Leap Forward, which led to famine in the 1959-1961 period, made the seriousness of population pressure on resources apparent once again. Late marriage, as a method of postponing reproduction, was proposed; in practice, the policy became marriage at 28-30 years of age for men and 23-25 for women. In some congested areas, the government stopped supplying rations for babies in families that already had four children, to encourage family panning. When in January 1964 Zhou Enlai talked with Edgar Snow, an American journalist who had close relations with __________________________________ 3/ See L. Orleans, "China's Population Policies and Population Data: Review and Update," Report for the House Foreign Affairs Comm., 97th Cong., 1st Sess., 1981, at 4-5.3 attitudes favored large families and the level of knowledge about contraception was low. Furthermore, some leaders were clearly against the movement; political theoretician Chen Boda denounced Malthus, claiming that china could absorb a great population growth. Policy turned against the birth control movement in the next few months. Ms Yinchu, a renowned economist with an American education, had published an article arguing that population control was essential to China's modernization; he was severely criticized in the anti-rightist campaign that followed the brief period of liberalization known as the Hundred Flowers. 3/ When Hao's talk on contradictions was published in June 1957, the section on population was deleted. The Great Leap Forward campaign launched by Hao in 1958 placed a great deal of emphasis on labor-intensive enterprises; this reinforced the feeling that population control could lead to a shortage of needed manpower. The family planning movement was suspended and its advocates were suppressed. The economic failure of the Great Leap Forward, which led to famine in the 1959-1961 period, made the seriousness of population pressure on resources apparent once again. Late marriage, as a method of postponing reproduction, was proposed; in practice, the policy became marriage at 28-30 years of age for men and 23-25 for women. In some congested areas, the government stopped supplying rations for babies in families that already had four children, to encourage family panning. When in January 1964 Zhou Enlai talked with Edgar Snow, an American journalist who had close relations with __________________________________ 3/ See L. Orleans, "China's Population Policies and Population Data: Review and Update," Report for the House Foreign Affairs Comm., 97th Cong., 1st Sess., 1981, at 4-5.3 attitudes favored large families and the level of knowledge about contraception was low. Furthermore, some leaders were clearly against the movement; political theoretician Chen Boda denounced Malthus, claiming that china could absorb a great population growth. Policy turned against the birth control movement in the next few months. Ms Yinchu, a renowned economist with an American education, had published an article arguing that population control was essential to China's modernization; he was severely criticized in the anti-rightist campaign that followed the brief period of liberalization known as the Hundred Flowers. 3/ When Hao's talk on contradictions was published in June 1957, the section on population was deleted. The Great Leap Forward campaign launched by Hao in 1958 placed a great deal of emphasis on labor-intensive enterprises; this reinforced the feeling that population control could lead to a shortage of needed manpower. The family planning movement was suspended and its advocates were suppressed. The economic failure of the Great Leap Forward, which led to famine in the 1959-1961 period, made the seriousness of population pressure on resources apparent once again. Late marriage, as a method of postponing reproduction, was proposed; in practice, the policy became marriage at 28-30 years of age for men and 23-25 for women. In some congested areas, the government stopped supplying rations for babies in families that already had four children, to encourage family panning. When in January 1964 Zhou Enlai talked with Edgar Snow, an American journalist who had close relations with __________________________________ 3/ See L. Orleans, "China's Population Policies and Population Data: Review and Update," Report for the House Foreign Affairs Comm., 97th Cong., 1st Sess., 1981, at 4-5.3 attitudes favored large families and the level of knowledge about contraception was low. Furthermore, some leaders were clearly against the movement; political theoretician Chen Boda denounced Malthus, claiming that china could absorb a great population growth. Policy turned against the birth control movement in the next few months. Ms Yinchu, a renowned economist with an American education, had published an article arguing that population control was essential to China's modernization; he was severely criticized in the anti-rightist campaign that followed the brief period of liberalization known as the Hundred Flowers. 3/ When Hao's talk on contradictions was published in June 1957, the section on population was deleted. The Great Leap Forward campaign launched by Hao in 1958 placed a great deal of emphasis on labor-intensive enterprises; this reinforced the feeling that population control could lead to a shortage of needed manpower. The family planning movement was suspended and its advocates were suppressed. The economic failure of the Great Leap Forward, which led to famine in the 1959-1961 period, made the seriousness of population pressure on resources apparent once again. Late marriage, as a method of postponing reproduction, was proposed; in practice, the policy became marriage at 28-30 years of age for men and 23-25 for women. In some congested areas, the government stopped supplying rations for babies in families that already had four children, to encourage family panning. When in January 1964 Zhou Enlai talked with Edgar Snow, an American journalist who had close relations with __________________________________ 3/ See L. Orleans, "China's Population Policies and Population Data: Review and Update," Report for the House Foreign Affairs Comm., 97th Cong., 1st Sess., 1981, at 4-5.4 both Mao and Zhou, he said that planned parenthood was the correct path for China. An intensified birth control movement was launched in 1965 through the mass organizations, and in some urban areas, like Shanghai, there was a drop in the birth rate. Vacancies began to be reported in previously overcrowded maternity wards. 4/ The years of the Cultural Revolution were chaotic ones; not much was accomplished in the birth control movement. in a 1971 interview with Edgar Snow, Zhou stated that because the Red Guards had been given so much freedom, young people frequently lived together without marriage. At any rate, the birth rate rose in the mid-1960's. By 1968, efforts to control the growth of population began again, as the "barefoot doctors" and military physicians launched a propaganda campaign and distributed pills and intra- uterine devices for contraception at nominal cost; but supplies were well behind demand. Rewards such as extra vacation time to encourage couples to undergo sterilization and the policy of limiting the number of children per household to three were put into effect in 1972. Children of higher birth order were to be denied rations for food and clothing. A year later, the restriction on family size was further tightened to two children. Plans were made to stipulate the desired number of births for each locality each year, and the mass organizations were once again used to spread the campaign. A movement to criticize Confucianism, set in motion in 1974, was used to support birth control propaganda as the high value traditionally given to producing numerous descendants was attacked. The idea that male offspring were more desirable than female, strongly rooted in Chinese culture _____________________ 4/ Far Eastern Economic Review, Oct. 14, 1965, at 47, reported in supra note 1.4 both Mao and Zhou, he said that planned parenthood was the correct path for China. An intensified birth control movement was launched in 1965 through the mass organizations, and in some urban areas, like Shanghai, there was a drop in the birth rate. Vacancies began to be reported in previously overcrowded maternity wards. 4/ The years of the Cultural Revolution were chaotic ones; not much was accomplished in the birth control movement. in a 1971 interview with Edgar Snow, Zhou stated that because the Red Guards had been given so much freedom, young people frequently lived together without marriage. At any rate, the birth rate rose in the mid-1960's. By 1968, efforts to control the growth of population began again, as the "barefoot doctors" and military physicians launched a propaganda campaign and distributed pills and intra- uterine devices for contraception at nominal cost; but supplies were well behind demand. Rewards such as extra vacation time to encourage couples to undergo sterilization and the policy of limiting the number of children per household to three were put into effect in 1972. Children of higher birth order were to be denied rations for food and clothing. A year later, the restriction on family size was further tightened to two children. Plans were made to stipulate the desired number of births for each locality each year, and the mass organizations were once again used to spread the campaign. A movement to criticize Confucianism, set in motion in 1974, was used to support birth control propaganda as the high value traditionally given to producing numerous descendants was attacked. The idea that male offspring were more desirable than female, strongly rooted in Chinese culture _____________________ 4/ Far Eastern Economic Review, Oct. 14, 1965, at 47, reported in supra note 1.4 both Mao and Zhou, he said that planned parenthood was the correct path for China. An intensified birth control movement was launched in 1965 through the mass organizations, and in some urban areas, like Shanghai, there was a drop in the birth rate. Vacancies began to be reported in previously overcrowded maternity wards. 4/ The years of the Cultural Revolution were chaotic ones; not much was accomplished in the birth control movement. in a 1971 interview with Edgar Snow, Zhou stated that because the Red Guards had been given so much freedom, young people frequently lived together without marriage. At any rate, the birth rate rose in the mid-1960's. By 1968, efforts to control the growth of population began again, as the "barefoot doctors" and military physicians launched a propaganda campaign and distributed pills and intra- uterine devices for contraception at nominal cost; but supplies were well behind demand. Rewards such as extra vacation time to encourage couples to undergo sterilization and the policy of limiting the number of children per household to three were put into effect in 1972. Children of higher birth order were to be denied rations for food and clothing. A year later, the restriction on family size was further tightened to two children. Plans were made to stipulate the desired number of births for each locality each year, and the mass organizations were once again used to spread the campaign. A movement to criticize Confucianism, set in motion in 1974, was used to support birth control propaganda as the high value traditionally given to producing numerous descendants was attacked. The idea that male offspring were more desirable than female, strongly rooted in Chinese culture _____________________ 4/ Far Eastern Economic Review, Oct. 14, 1965, at 47, reported in supra note 1.4 both Mao and Zhou, he said that planned parenthood was the correct path for China. An intensified birth control movement was launched in 1965 through the mass organizations, and in some urban areas, like Shanghai, there was a drop in the birth rate. Vacancies began to be reported in previously overcrowded maternity wards. 4/ The years of the Cultural Revolution were chaotic ones; not much was accomplished in the birth control movement. in a 1971 interview with Edgar Snow, Zhou stated that because the Red Guards had been given so much freedom, young people frequently lived together without marriage. At any rate, the birth rate rose in the mid-1960's. By 1968, efforts to control the growth of population began again, as the "barefoot doctors" and military physicians launched a propaganda campaign and distributed pills and intra- uterine devices for contraception at nominal cost; but supplies were well behind demand. Rewards such as extra vacation time to encourage couples to undergo sterilization and the policy of limiting the number of children per household to three were put into effect in 1972. Children of higher birth order were to be denied rations for food and clothing. A year later, the restriction on family size was further tightened to two children. Plans were made to stipulate the desired number of births for each locality each year, and the mass organizations were once again used to spread the campaign. A movement to criticize Confucianism, set in motion in 1974, was used to support birth control propaganda as the high value traditionally given to producing numerous descendants was attacked. The idea that male offspring were more desirable than female, strongly rooted in Chinese culture _____________________ 4/ Far Eastern Economic Review, Oct. 14, 1965, at 47, reported in supra note 1.4 both Mao and Zhou, he said that planned parenthood was the correct path for China. An intensified birth control movement was launched in 1965 through the mass organizations, and in some urban areas, like Shanghai, there was a drop in the birth rate. Vacancies began to be reported in previously overcrowded maternity wards. 4/ The years of the Cultural Revolution were chaotic ones; not much was accomplished in the birth control movement. in a 1971 interview with Edgar Snow, Zhou stated that because the Red Guards had been given so much freedom, young people frequently lived together without marriage. At any rate, the birth rate rose in the mid-1960's. By 1968, efforts to control the growth of population began again, as the "barefoot doctors" and military physicians launched a propaganda campaign and distributed pills and intra- uterine devices for contraception at nominal cost; but supplies were well behind demand. Rewards such as extra vacation time to encourage couples to undergo sterilization and the policy of limiting the number of children per household to three were put into effect in 1972. Children of higher birth order were to be denied rations for food and clothing. A year later, the restriction on family size was further tightened to two children. Plans were made to stipulate the desired number of births for each locality each year, and the mass organizations were once again used to spread the campaign. A movement to criticize Confucianism, set in motion in 1974, was used to support birth control propaganda as the high value traditionally given to producing numerous descendants was attacked. The idea that male offspring were more desirable than female, strongly rooted in Chinese culture _____________________ 4/ Far Eastern Economic Review, Oct. 14, 1965, at 47, reported in supra note 1. 5 and economic realities in rural areas, also condemned. Chinese families had always been patrilocal; now the notion that men can marry into women's families as well was promoted. Slogans emphasized that be they boys or girls, two children are the right number to have; three are too many. The 1978 Constitution of the PRC repeated these themes. Women enjoy equal rights with men in all spheres of political, economic, cultural, social and family life. Ken and women enjoy equal pay for equal work.... The state advocates and encourages family planning. 5/ II. Current Policy A conference on planned parenthood was convened early in 1979. From this conference, a directive was issued which stated: We must thoroughly and assiduously implement the policy that the party secretariate should be in commend; the whole party must be involved in propaganda and education, to lead the way by use of examples and launch a mass campaign for birth control, emphasize the importance of scientific research, elevate technical skills, carry out all measures, and be persistent and unwavering [in birth control work]. 6/ It was at this time that the Chinese Communist Party (CCP) set the one-child policy, recommending that party members have only one child, or at most two, so as to establish a new trend. 7/ Since 1979, the planned population growth program in general and the one-child policy have been high priority by China's leaders. This policy was expressed in September 1980 in an open _ _ _ _ _ _ _ _ _ 5/ Art. 53. Const. of 1978, as translated by Foreign Languages Press, Beijing, 1978. 6/ Quoted in "We Must Strongly Emphasize Birth Work," Renwin ribao [People's Daily] (Beijing), Jan. 27, 1979, and in supra note 1. 7/ Heilongjiang People's Broadcasting Station, Apr. 28,1979, quoted in supra note 1. 5 and economic realities in rural areas, also condemned. Chinese families had always been patrilocal; now the notion that men can marry into women's families as well was promoted. Slogans emphasized that be they boys or girls, two children are the right number to have; three are too many. The 1978 Constitution of the PRC repeated these themes. Women enjoy equal rights with men in all spheres of political, economic, cultural, social and family life. Ken and women enjoy equal pay for equal work.... The state advocates and encourages family planning. 5/ II. Current Policy A conference on planned parenthood was convened early in 1979. From this conference, a directive was issued which stated: We must thoroughly and assiduously implement the policy that the party secretariate should be in commend; the whole party must be involved in propaganda and education, to lead the way by use of examples and launch a mass campaign for birth control, emphasize the importance of scientific research, elevate technical skills, carry out all measures, and be persistent and unwavering [in birth control work]. 6/ It was at this time that the Chinese Communist Party (CCP) set the one-child policy, recommending that party members have only one child, or at most two, so as to establish a new trend. 7/ Since 1979, the planned population growth program in general and the one-child policy have been high priority by China's leaders. This policy was expressed in September 1980 in an open _ _ _ _ _ _ _ _ _ 5/ Art. 53. Const. of 1978, as translated by Foreign Languages Press, Beijing, 1978. 6/ Quoted in "We Must Strongly Emphasize Birth Work," Renwin ribao [People's Daily] (Beijing), Jan. 27, 1979, and in supra note 1. 7/ Heilongjiang People's Broadcasting Station, Apr. 28,1979, quoted in supra note 1. 5 and economic realities in rural areas, also condemned. Chinese families had always been patrilocal; now the notion that men can marry into women's families as well was promoted. Slogans emphasized that be they boys or girls, two children are the right number to have; three are too many. The 1978 Constitution of the PRC repeated these themes. Women enjoy equal rights with men in all spheres of political, economic, cultural, social and family life. Ken and women enjoy equal pay for equal work.... The state advocates and encourages family planning. 5/ II. Current Policy A conference on planned parenthood was convened early in 1979. From this conference, a directive was issued which stated: We must thoroughly and assiduously implement the policy that the party secretariate should be in commend; the whole party must be involved in propaganda and education, to lead the way by use of examples and launch a mass campaign for birth control, emphasize the importance of scientific research, elevate technical skills, carry out all measures, and be persistent and unwavering [in birth control work]. 6/ It was at this time that the Chinese Communist Party (CCP) set the one-child policy, recommending that party members have only one child, or at most two, so as to establish a new trend. 7/ Since 1979, the planned population growth program in general and the one-child policy have been high priority by China's leaders. This policy was expressed in September 1980 in an open _ _ _ _ _ _ _ _ _ 5/ Art. 53. Const. of 1978, as translated by Foreign Languages Press, Beijing, 1978. 6/ Quoted in "We Must Strongly Emphasize Birth Work," Renwin ribao [People's Daily] (Beijing), Jan. 27, 1979, and in supra note 1. 7/ Heilongjiang People's Broadcasting Station, Apr. 28,1979, quoted in supra note 1. 5 and economic realities in rural areas, also condemned. Chinese families had always been patrilocal; now the notion that men can marry into women's families as well was promoted. Slogans emphasized that be they boys or girls, two children are the right number to have; three are too many. The 1978 Constitution of the PRC repeated these themes. Women enjoy equal rights with men in all spheres of political, economic, cultural, social and family life. Ken and women enjoy equal pay for equal work.... The state advocates and encourages family planning. 5/ II. Current Policy A conference on planned parenthood was convened early in 1979. From this conference, a directive was issued which stated: We must thoroughly and assiduously implement the policy that the party secretariate should be in commend; the whole party must be involved in propaganda and education, to lead the way by use of examples and launch a mass campaign for birth control, emphasize the importance of scientific research, elevate technical skills, carry out all measures, and be persistent and unwavering [in birth control work]. 6/ It was at this time that the Chinese Communist Party (CCP) set the one-child policy, recommending that party members have only one child, or at most two, so as to establish a new trend. 7/ Since 1979, the planned population growth program in general and the one-child policy have been high priority by China's leaders. This policy was expressed in September 1980 in an open _ _ _ _ _ _ _ _ _ 5/ Art. 53. Const. of 1978, as translated by Foreign Languages Press, Beijing, 1978. 6/ Quoted in "We Must Strongly Emphasize Birth Work," Renwin ribao [People's Daily] (Beijing), Jan. 27, 1979, and in supra note 1. 7/ Heilongjiang People's Broadcasting Station, Apr. 28,1979, quoted in supra note 1. 5 and economic realities in rural areas, also condemned. Chinese families had always been patrilocal; now the notion that men can marry into women's families as well was promoted. Slogans emphasized that be they boys or girls, two children are the right number to have; three are too many. The 1978 Constitution of the PRC repeated these themes. Women enjoy equal rights with men in all spheres of political, economic, cultural, social and family life. Ken and women enjoy equal pay for equal work.... The state advocates and encourages family planning. 5/ II. Current Policy A conference on planned parenthood was convened early in 1979. From this conference, a directive was issued which stated: We must thoroughly and assiduously implement the policy that the party secretariate should be in commend; the whole party must be involved in propaganda and education, to lead the way by use of examples and launch a mass campaign for birth control, emphasize the importance of scientific research, elevate technical skills, carry out all measures, and be persistent and unwavering [in birth control work]. 6/ It was at this time that the Chinese Communist Party (CCP) set the one-child policy, recommending that party members have only one child, or at most two, so as to establish a new trend. 7/ Since 1979, the planned population growth program in general and the one-child policy have been high priority by China's leaders. This policy was expressed in September 1980 in an open _ _ _ _ _ _ _ _ _ 5/ Art. 53. Const. of 1978, as translated by Foreign Languages Press, Beijing, 1978. 6/ Quoted in "We Must Strongly Emphasize Birth Work," Renwin ribao [People's Daily] (Beijing), Jan. 27, 1979, and in supra note 1. 7/ Heilongjiang People's Broadcasting Station, Apr. 28,1979, quoted in supra note 1. letter to all party and youth league members, which stressed the need to limit population growth and linked this concern to the requirements of development. To strive to limit China's population to 1.2 billion by the of the century, the State Council has issued a call to all people in the country advocating one-child families. This is an important measure that concerns the speed and future of the four modernizations and the health and happiness of generations to come...8/ The letter goes on to describe the development of the current crisis, stating that the fastest period of population growth was from 1963 to 1970 and that 65 per cent of Chinese citizens were under 30. In the future, an average of 20 million people will enter marriageable and childbearing age every year. If the population growth is not brought under control within the next 30 to 40 years...through one-child families, China's population will reach 1.3 billion after 20 years and surpass 1.5 billion after 40 years, based on the present rate of 2.2 children per couple. This will cause great difficulties for the four modernizations and create a grave situation in which there will be little hope of improving the people's living standard. 9/ This genuine need to control the size of the population is the rationale for the current policy of late marriage, late conception, and few births. There is as yet no national law dealing with birth control per se. The Constitution does provide that the state shall carry out family planning to control the size of the population and that spouses have the duty to carry out family planning. 10/ The Marriage Law of 1980, which set the minimum marriage age at 20 for women and 22 for men, also states that both partners __________ 8/ Open letter from the Central Committee, Sept. 25, 1980, translated in Foreign Broadcast Information Services, Daily Report: China (FBIS), Sept. 26, 1980 at L1. 9/ Id. at L1-L2. 10/ Art. 25 & 49, Const. of 1982, available in translation in 25:52 Beijing Review Document Section (Dec. 27, 1982).letter to all party and youth league members, which stressed the need to limit population growth and linked this concern to the requirements of development. To strive to limit China's population to 1.2 billion by the of the century, the State Council has issued a call to all people in the country advocating one-child families. This is an important measure that concerns the speed and future of the four modernizations and the health and happiness of generations to come...8/ The letter goes on to describe the development of the current crisis, stating that the fastest period of population growth was from 1963 to 1970 and that 65 per cent of Chinese citizens were under 30. In the future, an average of 20 million people will enter marriageable and childbearing age every year. If the population growth is not brought under control within the next 30 to 40 years...through one-child families, China's population will reach 1.3 billion after 20 years and surpass 1.5 billion after 40 years, based on the present rate of 2.2 children per couple. This will cause great difficulties for the four modernizations and create a grave situation in which there will be little hope of improving the people's living standard. 9/ This genuine need to control the size of the population is the rationale for the current policy of late marriage, late conception, and few births. There is as yet no national law dealing with birth control per se. The Constitution does provide that the state shall carry out family planning to control the size of the population and that spouses have the duty to carry out family planning. 10/ The Marriage Law of 1980, which set the minimum marriage age at 20 for women and 22 for men, also states that both partners __________ 8/ Open letter from the Central Committee, Sept. 25, 1980, translated in Foreign Broadcast Information Services, Daily Report: China (FBIS), Sept. 26, 1980 at L1. 9/ Id. at L1-L2. 10/ Art. 25 & 49, Const. of 1982, available in translation in 25:52 Beijing Review Document Section (Dec. 27, 1982).letter to all party and youth league members, which stressed the need to limit population growth and linked this concern to the requirements of development. To strive to limit China's population to 1.2 billion by the of the century, the State Council has issued a call to all people in the country advocating one-child families. This is an important measure that concerns the speed and future of the four modernizations and the health and happiness of generations to come...8/ The letter goes on to describe the development of the current crisis, stating that the fastest period of population growth was from 1963 to 1970 and that 65 per cent of Chinese citizens were under 30. In the future, an average of 20 million people will enter marriageable and childbearing age every year. If the population growth is not brought under control within the next 30 to 40 years...through one-child families, China's population will reach 1.3 billion after 20 years and surpass 1.5 billion after 40 years, based on the present rate of 2.2 children per couple. This will cause great difficulties for the four modernizations and create a grave situation in which there will be little hope of improving the people's living standard. 9/ This genuine need to control the size of the population is the rationale for the current policy of late marriage, late conception, and few births. There is as yet no national law dealing with birth control per se. The Constitution does provide that the state shall carry out family planning to control the size of the population and that spouses have the duty to carry out family planning. 10/ The Marriage Law of 1980, which set the minimum marriage age at 20 for women and 22 for men, also states that both partners __________ 8/ Open letter from the Central Committee, Sept. 25, 1980, translated in Foreign Broadcast Information Services, Daily Report: China (FBIS), Sept. 26, 1980 at L1. 9/ Id. at L1-L2. 10/ Art. 25 & 49, Const. of 1982, available in translation in 25:52 Beijing Review Document Section (Dec. 27, 1982).letter to all party and youth league members, which stressed the need to limit population growth and linked this concern to the requirements of development. To strive to limit China's population to 1.2 billion by the of the century, the State Council has issued a call to all people in the country advocating one-child families. This is an important measure that concerns the speed and future of the four modernizations and the health and happiness of generations to come...8/ The letter goes on to describe the development of the current crisis, stating that the fastest period of population growth was from 1963 to 1970 and that 65 per cent of Chinese citizens were under 30. In the future, an average of 20 million people will enter marriageable and childbearing age every year. If the population growth is not brought under control within the next 30 to 40 years...through one-child families, China's population will reach 1.3 billion after 20 years and surpass 1.5 billion after 40 years, based on the present rate of 2.2 children per couple. This will cause great difficulties for the four modernizations and create a grave situation in which there will be little hope of improving the people's living standard. 9/ This genuine need to control the size of the population is the rationale for the current policy of late marriage, late conception, and few births. There is as yet no national law dealing with birth control per se. The Constitution does provide that the state shall carry out family planning to control the size of the population and that spouses have the duty to carry out family planning. 10/ The Marriage Law of 1980, which set the minimum marriage age at 20 for women and 22 for men, also states that both partners __________ 8/ Open letter from the Central Committee, Sept. 25, 1980, translated in Foreign Broadcast Information Services, Daily Report: China (FBIS), Sept. 26, 1980 at L1. 9/ Id. at L1-L2. 10/ Art. 25 & 49, Const. of 1982, available in translation in 25:52 Beijing Review Document Section (Dec. 27, 1982).letter to all party and youth league members, which stressed the need to limit population growth and linked this concern to the requirements of development. To strive to limit China's population to 1.2 billion by the of the century, the State Council has issued a call to all people in the country advocating one-child families. This is an important measure that concerns the speed and future of the four modernizations and the health and happiness of generations to come...8/ The letter goes on to describe the development of the current crisis, stating that the fastest period of population growth was from 1963 to 1970 and that 65 per cent of Chinese citizens were under 30. In the future, an average of 20 million people will enter marriageable and childbearing age every year. If the population growth is not brought under control within the next 30 to 40 years...through one-child families, China's population will reach 1.3 billion after 20 years and surpass 1.5 billion after 40 years, based on the present rate of 2.2 children per couple. This will cause great difficulties for the four modernizations and create a grave situation in which there will be little hope of improving the people's living standard. 9/ This genuine need to control the size of the population is the rationale for the current policy of late marriage, late conception, and few births. There is as yet no national law dealing with birth control per se. The Constitution does provide that the state shall carry out family planning to control the size of the population and that spouses have the duty to carry out family planning. 10/ The Marriage Law of 1980, which set the minimum marriage age at 20 for women and 22 for men, also states that both partners __________ 8/ Open letter from the Central Committee, Sept. 25, 1980, translated in Foreign Broadcast Information Services, Daily Report: China (FBIS), Sept. 26, 1980 at L1. 9/ Id. at L1-L2. 10/ Art. 25 & 49, Const. of 1982, available in translation in 25:52 Beijing Review Document Section (Dec. 27, 1982).have the responsibility for birth control.11/ A draft planned birth law, written by the "small group" that was the forerunner of the Family Planning Commission, was developed in 1979 and supposedly sent to the Standing Committee for review.12/ The fact that the draft has never been formerly adopted reflects Chinese sensitivity to outside views of the program for planned births. In the absence of a central law, the provinces, and the cities governed directly by the state on the same administrative level as provinces, have enacted their own regulations. The lack of a national law does not mean, however, that the birth control program has not been centrally directed. In the PRC, when there is no law, policy prevails. This general principle was incorporated into the Chinese Communist Party (CCP) directive issued in 1949, on the eve of the conquest of the mainland, which abolished the laws of the Nationalist Kuomintang regime and affirmed the legal system that had been in place in the areas controlled by the Committee.13/ A noted contemporary jurist, after discussing this directive, describes the role of the party and the state in developing policy as follows: In socialist countries, the party central, in accordance with the development of circumstances and in a timely manner, formulates all kinds of policies. They are to be followed by the people; the party especially is to observe and implement them. Sometimes the policy is jointly promulgated by the party central and the State ____________ 11/ Art. 12. Available in translation in 24:11 Beijing Review 24-27 (Mar. 16, 1981). 12/ Xinhua News Service Broadcast, June 29, 1979. 13/ Directive Regarding the Abolition of the Kuomintang's Complete Book of Six Codes and Affirmation of the Legal Principles in the Liberated Areas, February 1949, quoted in Chen Shouyi, "Thirty Years of China's Legal Studies," Zhonjjuo Faxue Wenxuan [Collection of Essays on Chinese Law] 14 (Beijing, Legal Press, 1984).have the responsibility for birth control.11/ A draft planned birth law, written by the "small group" that was the forerunner of the Family Planning Commission, was developed in 1979 and supposedly sent to the Standing Committee for review.12/ The fact that the draft has never been formerly adopted reflects Chinese sensitivity to outside views of the program for planned births. In the absence of a central law, the provinces, and the cities governed directly by the state on the same administrative level as provinces, have enacted their own regulations. The lack of a national law does not mean, however, that the birth control program has not been centrally directed. In the PRC, when there is no law, policy prevails. This general principle was incorporated into the Chinese Communist Party (CCP) directive issued in 1949, on the eve of the conquest of the mainland, which abolished the laws of the Nationalist Kuomintang regime and affirmed the legal system that had been in place in the areas controlled by the Committee.13/ A noted contemporary jurist, after discussing this directive, describes the role of the party and the state in developing policy as follows: In socialist countries, the party central, in accordance with the development of circumstances and in a timely manner, formulates all kinds of policies. They are to be followed by the people; the party especially is to observe and implement them. Sometimes the policy is jointly promulgated by the party central and the State ____________ 11/ Art. 12. Available in translation in 24:11 Beijing Review 24-27 (Mar. 16, 1981). 12/ Xinhua News Service Broadcast, June 29, 1979. 13/ Directive Regarding the Abolition of the Kuomintang's Complete Book of Six Codes and Affirmation of the Legal Principles in the Liberated Areas, February 1949, quoted in Chen Shouyi, "Thirty Years of China's Legal Studies," Zhonjjuo Faxue Wenxuan [Collection of Essays on Chinese Law] 14 (Beijing, Legal Press, 1984).have the responsibility for birth control.11/ A draft planned birth law, written by the "small group" that was the forerunner of the Family Planning Commission, was developed in 1979 and supposedly sent to the Standing Committee for review.12/ The fact that the draft has never been formerly adopted reflects Chinese sensitivity to outside views of the program for planned births. In the absence of a central law, the provinces, and the cities governed directly by the state on the same administrative level as provinces, have enacted their own regulations. The lack of a national law does not mean, however, that the birth control program has not been centrally directed. In the PRC, when there is no law, policy prevails. This general principle was incorporated into the Chinese Communist Party (CCP) directive issued in 1949, on the eve of the conquest of the mainland, which abolished the laws of the Nationalist Kuomintang regime and affirmed the legal system that had been in place in the areas controlled by the Committee.13/ A noted contemporary jurist, after discussing this directive, describes the role of the party and the state in developing policy as follows: In socialist countries, the party central, in accordance with the development of circumstances and in a timely manner, formulates all kinds of policies. They are to be followed by the people; the party especially is to observe and implement them. Sometimes the policy is jointly promulgated by the party central and the State ____________ 11/ Art. 12. Available in translation in 24:11 Beijing Review 24-27 (Mar. 16, 1981). 12/ Xinhua News Service Broadcast, June 29, 1979. 13/ Directive Regarding the Abolition of the Kuomintang's Complete Book of Six Codes and Affirmation of the Legal Principles in the Liberated Areas, February 1949, quoted in Chen Shouyi, "Thirty Years of China's Legal Studies," Zhonjjuo Faxue Wenxuan [Collection of Essays on Chinese Law] 14 (Beijing, Legal Press, 1984).have the responsibility for birth control.11/ A draft planned birth law, written by the "small group" that was the forerunner of the Family Planning Commission, was developed in 1979 and supposedly sent to the Standing Committee for review.12/ The fact that the draft has never been formerly adopted reflects Chinese sensitivity to outside views of the program for planned births. In the absence of a central law, the provinces, and the cities governed directly by the state on the same administrative level as provinces, have enacted their own regulations. The lack of a national law does not mean, however, that the birth control program has not been centrally directed. In the PRC, when there is no law, policy prevails. This general principle was incorporated into the Chinese Communist Party (CCP) directive issued in 1949, on the eve of the conquest of the mainland, which abolished the laws of the Nationalist Kuomintang regime and affirmed the legal system that had been in place in the areas controlled by the Committee.13/ A noted contemporary jurist, after discussing this directive, describes the role of the party and the state in developing policy as follows: In socialist countries, the party central, in accordance with the development of circumstances and in a timely manner, formulates all kinds of policies. They are to be followed by the people; the party especially is to observe and implement them. Sometimes the policy is jointly promulgated by the party central and the State ____________ 11/ Art. 12. Available in translation in 24:11 Beijing Review 24-27 (Mar. 16, 1981). 12/ Xinhua News Service Broadcast, June 29, 1979. 13/ Directive Regarding the Abolition of the Kuomintang's Complete Book of Six Codes and Affirmation of the Legal Principles in the Liberated Areas, February 1949, quoted in Chen Shouyi, "Thirty Years of China's Legal Studies," Zhonjjuo Faxue Wenxuan [Collection of Essays on Chinese Law] 14 (Beijing, Legal Press, 1984).have the responsibility for birth control.11/ A draft planned birth law, written by the "small group" that was the forerunner of the Family Planning Commission, was developed in 1979 and supposedly sent to the Standing Committee for review.12/ The fact that the draft has never been formerly adopted reflects Chinese sensitivity to outside views of the program for planned births. In the absence of a central law, the provinces, and the cities governed directly by the state on the same administrative level as provinces, have enacted their own regulations. The lack of a national law does not mean, however, that the birth control program has not been centrally directed. In the PRC, when there is no law, policy prevails. This general principle was incorporated into the Chinese Communist Party (CCP) directive issued in 1949, on the eve of the conquest of the mainland, which abolished the laws of the Nationalist Kuomintang regime and affirmed the legal system that had been in place in the areas controlled by the Committee.13/ A noted contemporary jurist, after discussing this directive, describes the role of the party and the state in developing policy as follows: In socialist countries, the party central, in accordance with the development of circumstances and in a timely manner, formulates all kinds of policies. They are to be followed by the people; the party especially is to observe and implement them. Sometimes the policy is jointly promulgated by the party central and the State ____________ 11/ Art. 12. Available in translation in 24:11 Beijing Review 24-27 (Mar. 16, 1981). 12/ Xinhua News Service Broadcast, June 29, 1979. 13/ Directive Regarding the Abolition of the Kuomintang's Complete Book of Six Codes and Affirmation of the Legal Principles in the Liberated Areas, February 1949, quoted in Chen Shouyi, "Thirty Years of China's Legal Studies," Zhonjjuo Faxue Wenxuan [Collection of Essays on Chinese Law] 14 (Beijing, Legal Press, 1984).8 Council. This circumstance is also normal....No cadre of the state agencies shall violate the policy. If they do violate it, they will commit mistakes, even serious mistakes.14/ In a legal treatise designed to popularize knowledge of the law, it is argued that where the law is incomplete, policy functions as law. One of the points made by way of illustration is that no Civil Code has yet been enacted; there are thus many areas in which policy must prevail. Even in the future, when the legal structure will presumably be more complete, the authors feel that law will still sometimes be supplemented by policy.15/ As further proof of the binding nature of policy, the authors point to the Organic Law of the Local People's Congresses and Local People's Governments of the PRC. Article 6 of this law, in describing the functions of the people's congresses of towns and communes, states that they are to enforce "the Constitution, laws, policies, decrees, and orders of the state...," listing policies together with other legal documents.16/ In another provision, the law gives the standing committees of the people's congresses of provinces, autonomous regions, and municipalities the right to make local statutes, provided they do not contradict "the Constitution, laws, policies, decrees, or administrative orders of the state...."17/ The population control program is guided by a joint directive of the CCP Central Committee and State Council entitled "On the Further Implementation of Family Planning Work" of February 1982. This statement of ____________ 14/ Chen, supra note 13, at 24. 15/ Feng Ertai et. al., Falu wenda sibai ti [400 Questions and Answers on Law] 7-8 (Shanghai, Xuelin Press, 1982). 16/ Art. 8, ? 1, translated in FBIS, July 30, 1979, supplement, at 3. 17/ Art. 27, id. at 7.8 Council. This circumstance is also normal....No cadre of the state agencies shall violate the policy. If they do violate it, they will commit mistakes, even serious mistakes.14/ In a legal treatise designed to popularize knowledge of the law, it is argued that where the law is incomplete, policy functions as law. One of the points made by way of illustration is that no Civil Code has yet been enacted; there are thus many areas in which policy must prevail. Even in the future, when the legal structure will presumably be more complete, the authors feel that law will still sometimes be supplemented by policy.15/ As further proof of the binding nature of policy, the authors point to the Organic Law of the Local People's Congresses and Local People's Governments of the PRC. Article 6 of this law, in describing the functions of the people's congresses of towns and communes, states that they are to enforce "the Constitution, laws, policies, decrees, and orders of the state...," listing policies together with other legal documents.16/ In another provision, the law gives the standing committees of the people's congresses of provinces, autonomous regions, and municipalities the right to make local statutes, provided they do not contradict "the Constitution, laws, policies, decrees, or administrative orders of the state...."17/ The population control program is guided by a joint directive of the CCP Central Committee and State Council entitled "On the Further Implementation of Family Planning Work" of February 1982. This statement of ____________ 14/ Chen, supra note 13, at 24. 15/ Feng Ertai et. al., Falu wenda sibai ti [400 Questions and Answers on Law] 7-8 (Shanghai, Xuelin Press, 1982). 16/ Art. 8, ? 1, translated in FBIS, July 30, 1979, supplement, at 3. 17/ Art. 27, id. at 7.8 Council. This circumstance is also normal....No cadre of the state agencies shall violate the policy. If they do violate it, they will commit mistakes, even serious mistakes.14/ In a legal treatise designed to popularize knowledge of the law, it is argued that where the law is incomplete, policy functions as law. One of the points made by way of illustration is that no Civil Code has yet been enacted; there are thus many areas in which policy must prevail. Even in the future, when the legal structure will presumably be more complete, the authors feel that law will still sometimes be supplemented by policy.15/ As further proof of the binding nature of policy, the authors point to the Organic Law of the Local People's Congresses and Local People's Governments of the PRC. Article 6 of this law, in describing the functions of the people's congresses of towns and communes, states that they are to enforce "the Constitution, laws, policies, decrees, and orders of the state...," listing policies together with other legal documents.16/ In another provision, the law gives the standing committees of the people's congresses of provinces, autonomous regions, and municipalities the right to make local statutes, provided they do not contradict "the Constitution, laws, policies, decrees, or administrative orders of the state...."17/ The population control program is guided by a joint directive of the CCP Central Committee and State Council entitled "On the Further Implementation of Family Planning Work" of February 1982. This statement of ____________ 14/ Chen, supra note 13, at 24. 15/ Feng Ertai et. al., Falu wenda sibai ti [400 Questions and Answers on Law] 7-8 (Shanghai, Xuelin Press, 1982). 16/ Art. 8, ? 1, translated in FBIS, July 30, 1979, supplement, at 3. 17/ Art. 27, id. at 7.8 Council. This circumstance is also normal....No cadre of the state agencies shall violate the policy. If they do violate it, they will commit mistakes, even serious mistakes.14/ In a legal treatise designed to popularize knowledge of the law, it is argued that where the law is incomplete, policy functions as law. One of the points made by way of illustration is that no Civil Code has yet been enacted; there are thus many areas in which policy must prevail. Even in the future, when the legal structure will presumably be more complete, the authors feel that law will still sometimes be supplemented by policy.15/ As further proof of the binding nature of policy, the authors point to the Organic Law of the Local People's Congresses and Local People's Governments of the PRC. Article 6 of this law, in describing the functions of the people's congresses of towns and communes, states that they are to enforce "the Constitution, laws, policies, decrees, and orders of the state...," listing policies together with other legal documents.16/ In another provision, the law gives the standing committees of the people's congresses of provinces, autonomous regions, and municipalities the right to make local statutes, provided they do not contradict "the Constitution, laws, policies, decrees, or administrative orders of the state...."17/ The population control program is guided by a joint directive of the CCP Central Committee and State Council entitled "On the Further Implementation of Family Planning Work" of February 1982. This statement of ____________ 14/ Chen, supra note 13, at 24. 15/ Feng Ertai et. al., Falu wenda sibai ti [400 Questions and Answers on Law] 7-8 (Shanghai, Xuelin Press, 1982). 16/ Art. 8, ? 1, translated in FBIS, July 30, 1979, supplement, at 3. 17/ Art. 27, id. at 7.8 Council. This circumstance is also normal....No cadre of the state agencies shall violate the policy. If they do violate it, they will commit mistakes, even serious mistakes.14/ In a legal treatise designed to popularize knowledge of the law, it is argued that where the law is incomplete, policy functions as law. One of the points made by way of illustration is that no Civil Code has yet been enacted; there are thus many areas in which policy must prevail. Even in the future, when the legal structure will presumably be more complete, the authors feel that law will still sometimes be supplemented by policy.15/ As further proof of the binding nature of policy, the authors point to the Organic Law of the Local People's Congresses and Local People's Governments of the PRC. Article 6 of this law, in describing the functions of the people's congresses of towns and communes, states that they are to enforce "the Constitution, laws, policies, decrees, and orders of the state...," listing policies together with other legal documents.16/ In another provision, the law gives the standing committees of the people's congresses of provinces, autonomous regions, and municipalities the right to make local statutes, provided they do not contradict "the Constitution, laws, policies, decrees, or administrative orders of the state...."17/ The population control program is guided by a joint directive of the CCP Central Committee and State Council entitled "On the Further Implementation of Family Planning Work" of February 1982. This statement of ____________ 14/ Chen, supra note 13, at 24. 15/ Feng Ertai et. al., Falu wenda sibai ti [400 Questions and Answers on Law] 7-8 (Shanghai, Xuelin Press, 1982). 16/ Art. 8, ? 1, translated in FBIS, July 30, 1979, supplement, at 3. 17/ Art. 27, id. at 7.9 policy in effect has the force of law. The full text was not published in the State Council Gazette, though such directives frequently are included in that publication. Only excerpts appeared in the press.18/ Probably the full text did not appear because criticism, especially from abroad, was anticipated. The purpose of the policy as outlined is to control the size and quality of the population through late marriage, late conception, fewer births, and better babies. The concrete demands are that cadres and employees of the state and residents of the cities and towns can have only one child per couple, except with special approval under particular circumstances. In rural areas generally it is advocated that each couple have one child; for certain people who it has been ascertained have actual difficulties [with the one-child limit] and who request permission for a second child, after examination and approval, arrangements can be made systematically to grant such permission. However, under no circumstances is a third child permitted.19/ The language of the directive indicates that the policy will be applied somewhat more leniently in rural areas. The special circumstances under which one might be allowed a second baby include such cases as when the first born has a non-hereditary handicap to the extent he or she cannot work, when there is a re-marriage and there was only one child of the first marriage, when in a large family of many brothers only one brother has a child and the others are incapable of reproducing, and when there is a marriage between only children.20/ This last possible grounds for an ____________ 18/ Guangming ribao, Mar. 11, 1982, at 1; Xinhua yuebao: wenxian ban [New China Monthly: Documents edition], Mar. 1982, at 162-163. 19/ Quoted in Guangming ribao, id. 20/ See Zhongguo Baike Nianjian [China Encyclopedic Yearbook] 607 (Beijing, New China Books, 1983). These exceptions have generally been incorporated into new local regulations issued in 1984, such as Jilin province's supplementary family planning rules, translated in FBIS, Aug. 23, 1984, at S2.9 policy in effect has the force of law. The full text was not published in the State Council Gazette, though such directives frequently are included in that publication. Only excerpts appeared in the press.18/ Probably the full text did not appear because criticism, especially from abroad, was anticipated. The purpose of the policy as outlined is to control the size and quality of the population through late marriage, late conception, fewer births, and better babies. The concrete demands are that cadres and employees of the state and residents of the cities and towns can have only one child per couple, except with special approval under particular circumstances. In rural areas generally it is advocated that each couple have one child; for certain people who it has been ascertained have actual difficulties [with the one-child limit] and who request permission for a second child, after examination and approval, arrangements can be made systematically to grant such permission. However, under no circumstances is a third child permitted.19/ The language of the directive indicates that the policy will be applied somewhat more leniently in rural areas. The special circumstances under which one might be allowed a second baby include such cases as when the first born has a non-hereditary handicap to the extent he or she cannot work, when there is a re-marriage and there was only one child of the first marriage, when in a large family of many brothers only one brother has a child and the others are incapable of reproducing, and when there is a marriage between only children.20/ This last possible grounds for an ____________ 18/ Guangming ribao, Mar. 11, 1982, at 1; Xinhua yuebao: wenxian ban [New China Monthly: Documents edition], Mar. 1982, at 162-163. 19/ Quoted in Guangming ribao, id. 20/ See Zhongguo Baike Nianjian [China Encyclopedic Yearbook] 607 (Beijing, New China Books, 1983). These exceptions have generally been incorporated into new local regulations issued in 1984, such as Jilin province's supplementary family planning rules, translated in FBIS, Aug. 23, 1984, at S2.9 policy in effect has the force of law. The full text was not published in the State Council Gazette, though such directives frequently are included in that publication. Only excerpts appeared in the press.18/ Probably the full text did not appear because criticism, especially from abroad, was anticipated. The purpose of the policy as outlined is to control the size and quality of the population through late marriage, late conception, fewer births, and better babies. The concrete demands are that cadres and employees of the state and residents of the cities and towns can have only one child per couple, except with special approval under particular circumstances. In rural areas generally it is advocated that each couple have one child; for certain people who it has been ascertained have actual difficulties [with the one-child limit] and who request permission for a second child, after examination and approval, arrangements can be made systematically to grant such permission. However, under no circumstances is a third child permitted.19/ The language of the directive indicates that the policy will be applied somewhat more leniently in rural areas. The special circumstances under which one might be allowed a second baby include such cases as when the first born has a non-hereditary handicap to the extent he or she cannot work, when there is a re-marriage and there was only one child of the first marriage, when in a large family of many brothers only one brother has a child and the others are incapable of reproducing, and when there is a marriage between only children.20/ This last possible grounds for an ____________ 18/ Guangming ribao, Mar. 11, 1982, at 1; Xinhua yuebao: wenxian ban [New China Monthly: Documents edition], Mar. 1982, at 162-163. 19/ Quoted in Guangming ribao, id. 20/ See Zhongguo Baike Nianjian [China Encyclopedic Yearbook] 607 (Beijing, New China Books, 1983). These exceptions have generally been incorporated into new local regulations issued in 1984, such as Jilin province's supplementary family planning rules, translated in FBIS, Aug. 23, 1984, at S2.9 policy in effect has the force of law. The full text was not published in the State Council Gazette, though such directives frequently are included in that publication. Only excerpts appeared in the press.18/ Probably the full text did not appear because criticism, especially from abroad, was anticipated. The purpose of the policy as outlined is to control the size and quality of the population through late marriage, late conception, fewer births, and better babies. The concrete demands are that cadres and employees of the state and residents of the cities and towns can have only one child per couple, except with special approval under particular circumstances. In rural areas generally it is advocated that each couple have one child; for certain people who it has been ascertained have actual difficulties [with the one-child limit] and who request permission for a second child, after examination and approval, arrangements can be made systematically to grant such permission. However, under no circumstances is a third child permitted.19/ The language of the directive indicates that the policy will be applied somewhat more leniently in rural areas. The special circumstances under which one might be allowed a second baby include such cases as when the first born has a non-hereditary handicap to the extent he or she cannot work, when there is a re-marriage and there was only one child of the first marriage, when in a large family of many brothers only one brother has a child and the others are incapable of reproducing, and when there is a marriage between only children.20/ This last possible grounds for an ____________ 18/ Guangming ribao, Mar. 11, 1982, at 1; Xinhua yuebao: wenxian ban [New China Monthly: Documents edition], Mar. 1982, at 162-163. 19/ Quoted in Guangming ribao, id. 20/ See Zhongguo Baike Nianjian [China Encyclopedic Yearbook] 607 (Beijing, New China Books, 1983). These exceptions have generally been incorporated into new local regulations issued in 1984, such as Jilin province's supplementary family planning rules, translated in FBIS, Aug. 23, 1984, at S2.9 policy in effect has the force of law. The full text was not published in the State Council Gazette, though such directives frequently are included in that publication. Only excerpts appeared in the press.18/ Probably the full text did not appear because criticism, especially from abroad, was anticipated. The purpose of the policy as outlined is to control the size and quality of the population through late marriage, late conception, fewer births, and better babies. The concrete demands are that cadres and employees of the state and residents of the cities and towns can have only one child per couple, except with special approval under particular circumstances. In rural areas generally it is advocated that each couple have one child; for certain people who it has been ascertained have actual difficulties [with the one-child limit] and who request permission for a second child, after examination and approval, arrangements can be made systematically to grant such permission. However, under no circumstances is a third child permitted.19/ The language of the directive indicates that the policy will be applied somewhat more leniently in rural areas. The special circumstances under which one might be allowed a second baby include such cases as when the first born has a non-hereditary handicap to the extent he or she cannot work, when there is a re-marriage and there was only one child of the first marriage, when in a large family of many brothers only one brother has a child and the others are incapable of reproducing, and when there is a marriage between only children.20/ This last possible grounds for an ____________ 18/ Guangming ribao, Mar. 11, 1982, at 1; Xinhua yuebao: wenxian ban [New China Monthly: Documents edition], Mar. 1982, at 162-163. 19/ Quoted in Guangming ribao, id. 20/ See Zhongguo Baike Nianjian [China Encyclopedic Yearbook] 607 (Beijing, New China Books, 1983). These exceptions have generally been incorporated into new local regulations issued in 1984, such as Jilin province's supplementary family planning rules, translated in FBIS, Aug. 23, 1984, at S2.10 exception supports the view that the one-child policy is intended tp last for only one generation. Shen Guoxiang, a spokesman for the State Family Planning Commission, also has said the policy is only for the next 20 to 30 years. 21/ The rules are more leniently applied to families of the various non-Han ethnic minority groups in China. This can be seen in the 1985 policy developed for Guangxi province, an area that has a great number of minority inhabitants. While Han Chinese and the Zhuang group that includes over 10 million people are to have only one child unless they either live in remote areas with poor medical facilities or have met the special conditions out- lined above, the Yao, Miao, Dong, and other minorities may have two children, and sometimes three. When these additional children are permitted, they must be born at least four years apart. 22/ The policy also includes the notion of late marriage. Although the law permits marriage in the early 20's, in order to register, one must receive permission to marry from one's work unit. Through this device, the actual marriage age is kept considerably higher. Zhou Boping of the State Family Planning Commission has said that the age limits stated in the Marriage Law are minimums and are not to be seen as optimum ages for marriage. 23/ The joint directive states, "The young men and women must have _________________ 21/ Remarks in Beijing, July 3, 1984, reported in Ta Kung Pao English ed., (Hong Kong), July 12-18, 1984, at 6. 22/ Hanjing Guangxi Regional Service, Apr. 19, 1985, translated in FBIS, Apr. 22, 1985, at Pl. 23/ " Success and prospects: A review of family Planning Work in 1981, " 1982/3 China Official Annual Report--English Edition 826, 827 (Hong Kong, Kingsway International, 1982).10 exception supports the view that the one-child policy is intended tp last for only one generation. Shen Guoxiang, a spokesman for the State Family Planning Commission, also has said the policy is only for the next 20 to 30 years. 21/ The rules are more leniently applied to families of the various non-Han ethnic minority groups in China. This can be seen in the 1985 policy developed for Guangxi province, an area that has a great number of minority inhabitants. While Han Chinese and the Zhuang group that includes over 10 million people are to have only one child unless they either live in remote areas with poor medical facilities or have met the special conditions out- lined above, the Yao, Miao, Dong, and other minorities may have two children, and sometimes three. When these additional children are permitted, they must be born at least four years apart. 22/ The policy also includes the notion of late marriage. Although the law permits marriage in the early 20's, in order to register, one must receive permission to marry from one's work unit. Through this device, the actual marriage age is kept considerably higher. Zhou Boping of the State Family Planning Commission has said that the age limits stated in the Marriage Law are minimums and are not to be seen as optimum ages for marriage. 23/ The joint directive states, "The young men and women must have _________________ 21/ Remarks in Beijing, July 3, 1984, reported in Ta Kung Pao English ed., (Hong Kong), July 12-18, 1984, at 6. 22/ Hanjing Guangxi Regional Service, Apr. 19, 1985, translated in FBIS, Apr. 22, 1985, at Pl. 23/ " Success and prospects: A review of family Planning Work in 1981, " 1982/3 China Official Annual Report--English Edition 826, 827 (Hong Kong, Kingsway International, 1982).10 exception supports the view that the one-child policy is intended tp last for only one generation. Shen Guoxiang, a spokesman for the State Family Planning Commission, also has said the policy is only for the next 20 to 30 years. 21/ The rules are more leniently applied to families of the various non-Han ethnic minority groups in China. This can be seen in the 1985 policy developed for Guangxi province, an area that has a great number of minority inhabitants. While Han Chinese and the Zhuang group that includes over 10 million people are to have only one child unless they either live in remote areas with poor medical facilities or have met the special conditions out- lined above, the Yao, Miao, Dong, and other minorities may have two children, and sometimes three. When these additional children are permitted, they must be born at least four years apart. 22/ The policy also includes the notion of late marriage. Although the law permits marriage in the early 20's, in order to register, one must receive permission to marry from one's work unit. Through this device, the actual marriage age is kept considerably higher. Zhou Boping of the State Family Planning Commission has said that the age limits stated in the Marriage Law are minimums and are not to be seen as optimum ages for marriage. 23/ The joint directive states, "The young men and women must have _________________ 21/ Remarks in Beijing, July 3, 1984, reported in Ta Kung Pao English ed., (Hong Kong), July 12-18, 1984, at 6. 22/ Hanjing Guangxi Regional Service, Apr. 19, 1985, translated in FBIS, Apr. 22, 1985, at Pl. 23/ " Success and prospects: A review of family Planning Work in 1981, " 1982/3 China Official Annual Report--English Edition 826, 827 (Hong Kong, Kingsway International, 1982).10 exception supports the view that the one-child policy is intended tp last for only one generation. Shen Guoxiang, a spokesman for the State Family Planning Commission, also has said the policy is only for the next 20 to 30 years. 21/ The rules are more leniently applied to families of the various non-Han ethnic minority groups in China. This can be seen in the 1985 policy developed for Guangxi province, an area that has a great number of minority inhabitants. While Han Chinese and the Zhuang group that includes over 10 million people are to have only one child unless they either live in remote areas with poor medical facilities or have met the special conditions out- lined above, the Yao, Miao, Dong, and other minorities may have two children, and sometimes three. When these additional children are permitted, they must be born at least four years apart. 22/ The policy also includes the notion of late marriage. Although the law permits marriage in the early 20's, in order to register, one must receive permission to marry from one's work unit. Through this device, the actual marriage age is kept considerably higher. Zhou Boping of the State Family Planning Commission has said that the age limits stated in the Marriage Law are minimums and are not to be seen as optimum ages for marriage. 23/ The joint directive states, "The young men and women must have _________________ 21/ Remarks in Beijing, July 3, 1984, reported in Ta Kung Pao English ed., (Hong Kong), July 12-18, 1984, at 6. 22/ Hanjing Guangxi Regional Service, Apr. 19, 1985, translated in FBIS, Apr. 22, 1985, at Pl. 23/ " Success and prospects: A review of family Planning Work in 1981, " 1982/3 China Official Annual Report--English Edition 826, 827 (Hong Kong, Kingsway International, 1982).10 exception supports the view that the one-child policy is intended tp last for only one generation. Shen Guoxiang, a spokesman for the State Family Planning Commission, also has said the policy is only for the next 20 to 30 years. 21/ The rules are more leniently applied to families of the various non-Han ethnic minority groups in China. This can be seen in the 1985 policy developed for Guangxi province, an area that has a great number of minority inhabitants. While Han Chinese and the Zhuang group that includes over 10 million people are to have only one child unless they either live in remote areas with poor medical facilities or have met the special conditions out- lined above, the Yao, Miao, Dong, and other minorities may have two children, and sometimes three. When these additional children are permitted, they must be born at least four years apart. 22/ The policy also includes the notion of late marriage. Although the law permits marriage in the early 20's, in order to register, one must receive permission to marry from one's work unit. Through this device, the actual marriage age is kept considerably higher. Zhou Boping of the State Family Planning Commission has said that the age limits stated in the Marriage Law are minimums and are not to be seen as optimum ages for marriage. 23/ The joint directive states, "The young men and women must have _________________ 21/ Remarks in Beijing, July 3, 1984, reported in Ta Kung Pao English ed., (Hong Kong), July 12-18, 1984, at 6. 22/ Hanjing Guangxi Regional Service, Apr. 19, 1985, translated in FBIS, Apr. 22, 1985, at Pl. 23/ " Success and prospects: A review of family Planning Work in 1981, " 1982/3 China Official Annual Report--English Edition 826, 827 (Hong Kong, Kingsway International, 1982).11 late marriage at a suitable time and also have late conception." Late marriage is defined as three years after the minimums, and late conception as at age 24. 24/ The fact that the directive is nominally policy and not law is of little practical consequence. It must be followed. As the article describing the directive in Guangming ribao states, all party members, cadres, and workers must abide by the provisions. If some [cadres] insist on not following the planned birth provisions, then first their units must carry out persuasive education. If this is not successful, and if after much persuasion minds are not changed, in serious cases that would have bad effects [e.g. on the masses], aside from economic restrictions, it is also necessary to take disciplinary and administrative action. 25/ Since the policy statements and local regulations are general in nature, the mechanics of the implementation of the program are by and large locally determined. Economic sanctions are used to insure compliance. Single-child families receive health and educational benefits for the child. Furthermore, couples that continue pregnancies that are not allowed within the plan may suffer from the suspension of wages, fines deducted from wages, loss of seniority for promotion, and so on. 26/ In addition to the economic sanctions, peer pressure to conform and the effect of propaganda can be quite ---------- 24/ Supra note. 25/ Id. 26/ Specific sanctions may vary by locality. The broad outlines of the penalties to be applied are contained in provincial regulations. See for example "Stipulations on Concrete Policy of Planned Parenthood by Gansu Provincial People's Government" enacted March 16, 1982, and translated in Joint Publication Research Services, China Report: Political, Sociological, and Military Affairs (JPRS), June 29, 1982, at 49-54.11 late marriage at a suitable time and also have late conception." Late marriage is defined as three years after the minimums, and late conception as at age 24. 24/ The fact that the directive is nominally policy and not law is of little practical consequence. It must be followed. As the article describing the directive in Guangming ribao states, all party members, cadres, and workers must abide by the provisions. If some [cadres] insist on not following the planned birth provisions, then first their units must carry out persuasive education. If this is not successful, and if after much persuasion minds are not changed, in serious cases that would have bad effects [e.g. on the masses], aside from economic restrictions, it is also necessary to take disciplinary and administrative action. 25/ Since the policy statements and local regulations are general in nature, the mechanics of the implementation of the program are by and large locally determined. Economic sanctions are used to insure compliance. Single-child families receive health and educational benefits for the child. Furthermore, couples that continue pregnancies that are not allowed within the plan may suffer from the suspension of wages, fines deducted from wages, loss of seniority for promotion, and so on. 26/ In addition to the economic sanctions, peer pressure to conform and the effect of propaganda can be quite ---------- 24/ Supra note. 25/ Id. 26/ Specific sanctions may vary by locality. The broad outlines of the penalties to be applied are contained in provincial regulations. See for example "Stipulations on Concrete Policy of Planned Parenthood by Gansu Provincial People's Government" enacted March 16, 1982, and translated in Joint Publication Research Services, China Report: Political, Sociological, and Military Affairs (JPRS), June 29, 1982, at 49-54.11 late marriage at a suitable time and also have late conception." Late marriage is defined as three years after the minimums, and late conception as at age 24. 24/ The fact that the directive is nominally policy and not law is of little practical consequence. It must be followed. As the article describing the directive in Guangming ribao states, all party members, cadres, and workers must abide by the provisions. If some [cadres] insist on not following the planned birth provisions, then first their units must carry out persuasive education. If this is not successful, and if after much persuasion minds are not changed, in serious cases that would have bad effects [e.g. on the masses], aside from economic restrictions, it is also necessary to take disciplinary and administrative action. 25/ Since the policy statements and local regulations are general in nature, the mechanics of the implementation of the program are by and large locally determined. Economic sanctions are used to insure compliance. Single-child families receive health and educational benefits for the child. Furthermore, couples that continue pregnancies that are not allowed within the plan may suffer from the suspension of wages, fines deducted from wages, loss of seniority for promotion, and so on. 26/ In addition to the economic sanctions, peer pressure to conform and the effect of propaganda can be quite ---------- 24/ Supra note. 25/ Id. 26/ Specific sanctions may vary by locality. The broad outlines of the penalties to be applied are contained in provincial regulations. See for example "Stipulations on Concrete Policy of Planned Parenthood by Gansu Provincial People's Government" enacted March 16, 1982, and translated in Joint Publication Research Services, China Report: Political, Sociological, and Military Affairs (JPRS), June 29, 1982, at 49-54.11 late marriage at a suitable time and also have late conception." Late marriage is defined as three years after the minimums, and late conception as at age 24. 24/ The fact that the directive is nominally policy and not law is of little practical consequence. It must be followed. As the article describing the directive in Guangming ribao states, all party members, cadres, and workers must abide by the provisions. If some [cadres] insist on not following the planned birth provisions, then first their units must carry out persuasive education. If this is not successful, and if after much persuasion minds are not changed, in serious cases that would have bad effects [e.g. on the masses], aside from economic restrictions, it is also necessary to take disciplinary and administrative action. 25/ Since the policy statements and local regulations are general in nature, the mechanics of the implementation of the program are by and large locally determined. Economic sanctions are used to insure compliance. Single-child families receive health and educational benefits for the child. Furthermore, couples that continue pregnancies that are not allowed within the plan may suffer from the suspension of wages, fines deducted from wages, loss of seniority for promotion, and so on. 26/ In addition to the economic sanctions, peer pressure to conform and the effect of propaganda can be quite ---------- 24/ Supra note. 25/ Id. 26/ Specific sanctions may vary by locality. The broad outlines of the penalties to be applied are contained in provincial regulations. See for example "Stipulations on Concrete Policy of Planned Parenthood by Gansu Provincial People's Government" enacted March 16, 1982, and translated in Joint Publication Research Services, China Report: Political, Sociological, and Military Affairs (JPRS), June 29, 1982, at 49-54.11 late marriage at a suitable time and also have late conception." Late marriage is defined as three years after the minimums, and late conception as at age 24. 24/ The fact that the directive is nominally policy and not law is of little practical consequence. It must be followed. As the article describing the directive in Guangming ribao states, all party members, cadres, and workers must abide by the provisions. If some [cadres] insist on not following the planned birth provisions, then first their units must carry out persuasive education. If this is not successful, and if after much persuasion minds are not changed, in serious cases that would have bad effects [e.g. on the masses], aside from economic restrictions, it is also necessary to take disciplinary and administrative action. 25/ Since the policy statements and local regulations are general in nature, the mechanics of the implementation of the program are by and large locally determined. Economic sanctions are used to insure compliance. Single-child families receive health and educational benefits for the child. Furthermore, couples that continue pregnancies that are not allowed within the plan may suffer from the suspension of wages, fines deducted from wages, loss of seniority for promotion, and so on. 26/ In addition to the economic sanctions, peer pressure to conform and the effect of propaganda can be quite ---------- 24/ Supra note. 25/ Id. 26/ Specific sanctions may vary by locality. The broad outlines of the penalties to be applied are contained in provincial regulations. See for example "Stipulations on Concrete Policy of Planned Parenthood by Gansu Provincial People's Government" enacted March 16, 1982, and translated in Joint Publication Research Services, China Report: Political, Sociological, and Military Affairs (JPRS), June 29, 1982, at 49-54.12 effective. 27/ Although the Chinese Constitution provides certain safeguards of the rights of individuals, since the joint directive is considered state policy, some coercive measures might be seen by the Chinese government as essential to the operation of the program. III. Infanticide Infanticide is illegal in China under Article 15 of the Marriage Law. There is no difference in law between the treatment of male and female babies. Preference for male offspring, however, has traditionally been a part of Chinese culture, and the birth control policy, by restricting most couples to one child, has increased the incidence of female infanticide, as Chinese couples, especially those in the rural areas, continue to want a son for economic or social reasons. Statistics on the extent of the problem vary, but it has received official attention in Beijing. The People's Daily ran a series of articles in April 1983, quoting statistics from an area in Anhui province to the effect that the ratio of boy babies to girls was 5 to 1, far greater than the natural ratio of about 1.06-1.07 to 1. 28/ The Chinese news agency Xinhus carried a story in the same period claiming that a 1982 sample survey established the male/female newborn ratio as 1.078-1. Some of the female infants that appear to be "missing" in the statistics may simple have gone unreported, others are most likely the victims of harsh ---------- 27/ The Public Broadcasting program NOVA detailed the workings of the population control program in one town in its report "China's Only Child," originally broadcast Feb. 14, 1984. The use of block organizations to keep a close watch on all the women in the neighborhood and the effect of relentless "education" on the need to end unplanned pregnancies were shown. 28/ Quoted in an article by Chen Youshi in Meizhou Huaqiao ribao [China Daily News] (New York), Mar. 8, 1985, at 6.12 effective. 27/ Although the Chinese Constitution provides certain safeguards of the rights of individuals, since the joint directive is considered state policy, some coercive measures might be seen by the Chinese government as essential to the operation of the program. III. Infanticide Infanticide is illegal in China under Article 15 of the Marriage Law. There is no difference in law between the treatment of male and female babies. Preference for male offspring, however, has traditionally been a part of Chinese culture, and the birth control policy, by restricting most couples to one child, has increased the incidence of female infanticide, as Chinese couples, especially those in the rural areas, continue to want a son for economic or social reasons. Statistics on the extent of the problem vary, but it has received official attention in Beijing. The People's Daily ran a series of articles in April 1983, quoting statistics from an area in Anhui province to the effect that the ratio of boy babies to girls was 5 to 1, far greater than the natural ratio of about 1.06-1.07 to 1. 28/ The Chinese news agency Xinhus carried a story in the same period claiming that a 1982 sample survey established the male/female newborn ratio as 1.078-1. Some of the female infants that appear to be "missing" in the statistics may simple have gone unreported, others are most likely the victims of harsh ---------- 27/ The Public Broadcasting program NOVA detailed the workings of the population control program in one town in its report "China's Only Child," originally broadcast Feb. 14, 1984. The use of block organizations to keep a close watch on all the women in the neighborhood and the effect of relentless "education" on the need to end unplanned pregnancies were shown. 28/ Quoted in an article by Chen Youshi in Meizhou Huaqiao ribao [China Daily News] (New York), Mar. 8, 1985, at 6.12 effective. 27/ Although the Chinese Constitution provides certain safeguards of the rights of individuals, since the joint directive is considered state policy, some coercive measures might be seen by the Chinese government as essential to the operation of the program. III. Infanticide Infanticide is illegal in China under Article 15 of the Marriage Law. There is no difference in law between the treatment of male and female babies. Preference for male offspring, however, has traditionally been a part of Chinese culture, and the birth control policy, by restricting most couples to one child, has increased the incidence of female infanticide, as Chinese couples, especially those in the rural areas, continue to want a son for economic or social reasons. Statistics on the extent of the problem vary, but it has received official attention in Beijing. The People's Daily ran a series of articles in April 1983, quoting statistics from an area in Anhui province to the effect that the ratio of boy babies to girls was 5 to 1, far greater than the natural ratio of about 1.06-1.07 to 1. 28/ The Chinese news agency Xinhus carried a story in the same period claiming that a 1982 sample survey established the male/female newborn ratio as 1.078-1. Some of the female infants that appear to be "missing" in the statistics may simple have gone unreported, others are most likely the victims of harsh ---------- 27/ The Public Broadcasting program NOVA detailed the workings of the population control program in one town in its report "China's Only Child," originally broadcast Feb. 14, 1984. The use of block organizations to keep a close watch on all the women in the neighborhood and the effect of relentless "education" on the need to end unplanned pregnancies were shown. 28/ Quoted in an article by Chen Youshi in Meizhou Huaqiao ribao [China Daily News] (New York), Mar. 8, 1985, at 6.12 effective. 27/ Although the Chinese Constitution provides certain safeguards of the rights of individuals, since the joint directive is considered state policy, some coercive measures might be seen by the Chinese government as essential to the operation of the program. III. Infanticide Infanticide is illegal in China under Article 15 of the Marriage Law. There is no difference in law between the treatment of male and female babies. Preference for male offspring, however, has traditionally been a part of Chinese culture, and the birth control policy, by restricting most couples to one child, has increased the incidence of female infanticide, as Chinese couples, especially those in the rural areas, continue to want a son for economic or social reasons. Statistics on the extent of the problem vary, but it has received official attention in Beijing. The People's Daily ran a series of articles in April 1983, quoting statistics from an area in Anhui province to the effect that the ratio of boy babies to girls was 5 to 1, far greater than the natural ratio of about 1.06-1.07 to 1. 28/ The Chinese news agency Xinhus carried a story in the same period claiming that a 1982 sample survey established the male/female newborn ratio as 1.078-1. Some of the female infants that appear to be "missing" in the statistics may simple have gone unreported, others are most likely the victims of harsh ---------- 27/ The Public Broadcasting program NOVA detailed the workings of the population control program in one town in its report "China's Only Child," originally broadcast Feb. 14, 1984. The use of block organizations to keep a close watch on all the women in the neighborhood and the effect of relentless "education" on the need to end unplanned pregnancies were shown. 28/ Quoted in an article by Chen Youshi in Meizhou Huaqiao ribao [China Daily News] (New York), Mar. 8, 1985, at 6.12 effective. 27/ Although the Chinese Constitution provides certain safeguards of the rights of individuals, since the joint directive is considered state policy, some coercive measures might be seen by the Chinese government as essential to the operation of the program. III. Infanticide Infanticide is illegal in China under Article 15 of the Marriage Law. There is no difference in law between the treatment of male and female babies. Preference for male offspring, however, has traditionally been a part of Chinese culture, and the birth control policy, by restricting most couples to one child, has increased the incidence of female infanticide, as Chinese couples, especially those in the rural areas, continue to want a son for economic or social reasons. Statistics on the extent of the problem vary, but it has received official attention in Beijing. The People's Daily ran a series of articles in April 1983, quoting statistics from an area in Anhui province to the effect that the ratio of boy babies to girls was 5 to 1, far greater than the natural ratio of about 1.06-1.07 to 1. 28/ The Chinese news agency Xinhus carried a story in the same period claiming that a 1982 sample survey established the male/female newborn ratio as 1.078-1. Some of the female infants that appear to be "missing" in the statistics may simple have gone unreported, others are most likely the victims of harsh ---------- 27/ The Public Broadcasting program NOVA detailed the workings of the population control program in one town in its report "China's Only Child," originally broadcast Feb. 14, 1984. The use of block organizations to keep a close watch on all the women in the neighborhood and the effect of relentless "education" on the need to end unplanned pregnancies were shown. 28/ Quoted in an article by Chen Youshi in Meizhou Huaqiao ribao [China Daily News] (New York), Mar. 8, 1985, at 6.13 treatment. Whether isolated or widespread, female infanticide and maltreatment of women who give birth to girls has been denounced by Premier Zhao Ziyang and called intolerable by the state Family Planning commission. 29/ The recognition that a serious problem existed led to the enactment of special legislation designed to protect women and children. These regulations are on the provincial level and were enacted, for the most part, in 1984. Much of their contents overlaps with existing central legislation; their adoption may be an indication of the extent of the problem. Some include a prohibition of sexual identification of a fetus, so as to avoid disproportionate abortion of female fetuses. 30/ The penalties for infanticide are generally those outlined in the Criminal Code of the PRC for willful murder. IV. The Role of the Party The CCP plays a key role in policy determinations in all areas in China, and population control is no exception. As noted above, the key national document on the subject is a joint party-state directive. Party cadres are a vital link in the implementation of the policy as well. In his review of the family planning work of 1981, Zhou Boping credited the "Open Letter of the Central Committee of the Communist Party of China to All Party and ---------- 29/ Xinhua broadcast in English, Apr. 15, 1983, reprinted in FBIS, Apr. 18, 1983, at K8. 30/ See Art. 16, "Shaanxi Stipulations of Protecting Legal Rights of Women, Children," translated in JPRS, Dec. 7, 1984, at 85.13 treatment. Whether isolated or widespread, female infanticide and maltreatment of women who give birth to girls has been denounced by Premier Zhao Ziyang and called intolerable by the state Family Planning commission. 29/ The recognition that a serious problem existed led to the enactment of special legislation designed to protect women and children. These regulations are on the provincial level and were enacted, for the most part, in 1984. Much of their contents overlaps with existing central legislation; their adoption may be an indication of the extent of the problem. Some include a prohibition of sexual identification of a fetus, so as to avoid disproportionate abortion of female fetuses. 30/ The penalties for infanticide are generally those outlined in the Criminal Code of the PRC for willful murder. IV. The Role of the Party The CCP plays a key role in policy determinations in all areas in China, and population control is no exception. As noted above, the key national document on the subject is a joint party-state directive. Party cadres are a vital link in the implementation of the policy as well. In his review of the family planning work of 1981, Zhou Boping credited the "Open Letter of the Central Committee of the Communist Party of China to All Party and ---------- 29/ Xinhua broadcast in English, Apr. 15, 1983, reprinted in FBIS, Apr. 18, 1983, at K8. 30/ See Art. 16, "Shaanxi Stipulations of Protecting Legal Rights of Women, Children," translated in JPRS, Dec. 7, 1984, at 85.13 treatment. Whether isolated or widespread, female infanticide and maltreatment of women who give birth to girls has been denounced by Premier Zhao Ziyang and called intolerable by the state Family Planning commission. 29/ The recognition that a serious problem existed led to the enactment of special legislation designed to protect women and children. These regulations are on the provincial level and were enacted, for the most part, in 1984. Much of their contents overlaps with existing central legislation; their adoption may be an indication of the extent of the problem. Some include a prohibition of sexual identification of a fetus, so as to avoid disproportionate abortion of female fetuses. 30/ The penalties for infanticide are generally those outlined in the Criminal Code of the PRC for willful murder. IV. The Role of the Party The CCP plays a key role in policy determinations in all areas in China, and population control is no exception. As noted above, the key national document on the subject is a joint party-state directive. Party cadres are a vital link in the implementation of the policy as well. In his review of the family planning work of 1981, Zhou Boping credited the "Open Letter of the Central Committee of the Communist Party of China to All Party and ---------- 29/ Xinhua broadcast in English, Apr. 15, 1983, reprinted in FBIS, Apr. 18, 1983, at K8. 30/ See Art. 16, "Shaanxi Stipulations of Protecting Legal Rights of Women, Children," translated in JPRS, Dec. 7, 1984, at 85.13 treatment. Whether isolated or widespread, female infanticide and maltreatment of women who give birth to girls has been denounced by Premier Zhao Ziyang and called intolerable by the state Family Planning commission. 29/ The recognition that a serious problem existed led to the enactment of special legislation designed to protect women and children. These regulations are on the provincial level and were enacted, for the most part, in 1984. Much of their contents overlaps with existing central legislation; their adoption may be an indication of the extent of the problem. Some include a prohibition of sexual identification of a fetus, so as to avoid disproportionate abortion of female fetuses. 30/ The penalties for infanticide are generally those outlined in the Criminal Code of the PRC for willful murder. IV. The Role of the Party The CCP plays a key role in policy determinations in all areas in China, and population control is no exception. As noted above, the key national document on the subject is a joint party-state directive. Party cadres are a vital link in the implementation of the policy as well. In his review of the family planning work of 1981, Zhou Boping credited the "Open Letter of the Central Committee of the Communist Party of China to All Party and ---------- 29/ Xinhua broadcast in English, Apr. 15, 1983, reprinted in FBIS, Apr. 18, 1983, at K8. 30/ See Art. 16, "Shaanxi Stipulations of Protecting Legal Rights of Women, Children," translated in JPRS, Dec. 7, 1984, at 85.13 treatment. Whether isolated or widespread, female infanticide and maltreatment of women who give birth to girls has been denounced by Premier Zhao Ziyang and called intolerable by the state Family Planning commission. 29/ The recognition that a serious problem existed led to the enactment of special legislation designed to protect women and children. These regulations are on the provincial level and were enacted, for the most part, in 1984. Much of their contents overlaps with existing central legislation; their adoption may be an indication of the extent of the problem. Some include a prohibition of sexual identification of a fetus, so as to avoid disproportionate abortion of female fetuses. 30/ The penalties for infanticide are generally those outlined in the Criminal Code of the PRC for willful murder. IV. The Role of the Party The CCP plays a key role in policy determinations in all areas in China, and population control is no exception. As noted above, the key national document on the subject is a joint party-state directive. Party cadres are a vital link in the implementation of the policy as well. In his review of the family planning work of 1981, Zhou Boping credited the "Open Letter of the Central Committee of the Communist Party of China to All Party and ---------- 29/ Xinhua broadcast in English, Apr. 15, 1983, reprinted in FBIS, Apr. 18, 1983, at K8. 30/ See Art. 16, "Shaanxi Stipulations of Protecting Legal Rights of Women, Children," translated in JPRS, Dec. 7, 1984, at 85.14 Communist Youth League Members Concerning the Heed to Control China's Population Growth" of September 25, 1980, for the success of the policy. 31/ As far as is known, there is no special immunity from prosecution for party cadres who break the law in the course of implementing the one-child program. Since, however, there is no true independence of the judiciary, as party committee members "take the lead" in regard to vital judicial decisions, it is conceivable that prosecutions that conflict with the goals of current policy would not be pursued. A classified party directive obtained by Taiwan and published there states that local party committees are to exercise leadership in regard to important court cases. 32/ There is evidence that cadres are being held especially responsible for following the one-child policy as examples to the masses. Some have lost their jobs for personally failing to adhere to the policy. 33/ But abuse of power by local cadres for personal gain is a general problem recognized by the central leadership; it is quite possible that on occasion cadres have used their control of the planned birth program to give their own families some priority in filling the annual quotas of permitted births. V. Ties to Foreign Organizations It is difficult to say whether or not China's population limitation program has been affected by foreign organizations in a substantive way. The U.N Fund for Population Activities signed an agreement with the PRC on --------------- 31/ Supra note 7. 32/ Chinese Communist Directive Concerning Strengthening Political-Legal Work," reprinted in supra note 1, at 8-3--8-6. 33/ Report by Hainan Island News Service, translated in FBIS, Oct. 16, 1984, at Pl.14 Communist Youth League Members Concerning the Heed to Control China's Population Growth" of September 25, 1980, for the success of the policy. 31/ As far as is known, there is no special immunity from prosecution for party cadres who break the law in the course of implementing the one-child program. Since, however, there is no true independence of the judiciary, as party committee members "take the lead" in regard to vital judicial decisions, it is conceivable that prosecutions that conflict with the goals of current policy would not be pursued. A classified party directive obtained by Taiwan and published there states that local party committees are to exercise leadership in regard to important court cases. 32/ There is evidence that cadres are being held especially responsible for following the one-child policy as examples to the masses. Some have lost their jobs for personally failing to adhere to the policy. 33/ But abuse of power by local cadres for personal gain is a general problem recognized by the central leadership; it is quite possible that on occasion cadres have used their control of the planned birth program to give their own families some priority in filling the annual quotas of permitted births. V. Ties to Foreign Organizations It is difficult to say whether or not China's population limitation program has been affected by foreign organizations in a substantive way. The U.N Fund for Population Activities signed an agreement with the PRC on --------------- 31/ Supra note 7. 32/ Chinese Communist Directive Concerning Strengthening Political-Legal Work," reprinted in supra note 1, at 8-3--8-6. 33/ Report by Hainan Island News Service, translated in FBIS, Oct. 16, 1984, at Pl.14 Communist Youth League Members Concerning the Heed to Control China's Population Growth" of September 25, 1980, for the success of the policy. 31/ As far as is known, there is no special immunity from prosecution for party cadres who break the law in the course of implementing the one-child program. Since, however, there is no true independence of the judiciary, as party committee members "take the lead" in regard to vital judicial decisions, it is conceivable that prosecutions that conflict with the goals of current policy would not be pursued. A classified party directive obtained by Taiwan and published there states that local party committees are to exercise leadership in regard to important court cases. 32/ There is evidence that cadres are being held especially responsible for following the one-child policy as examples to the masses. Some have lost their jobs for personally failing to adhere to the policy. 33/ But abuse of power by local cadres for personal gain is a general problem recognized by the central leadership; it is quite possible that on occasion cadres have used their control of the planned birth program to give their own families some priority in filling the annual quotas of permitted births. V. Ties to Foreign Organizations It is difficult to say whether or not China's population limitation program has been affected by foreign organizations in a substantive way. The U.N Fund for Population Activities signed an agreement with the PRC on --------------- 31/ Supra note 7. 32/ Chinese Communist Directive Concerning Strengthening Political-Legal Work," reprinted in supra note 1, at 8-3--8-6. 33/ Report by Hainan Island News Service, translated in FBIS, Oct. 16, 1984, at Pl.14 Communist Youth League Members Concerning the Heed to Control China's Population Growth" of September 25, 1980, for the success of the policy. 31/ As far as is known, there is no special immunity from prosecution for party cadres who break the law in the course of implementing the one-child program. Since, however, there is no true independence of the judiciary, as party committee members "take the lead" in regard to vital judicial decisions, it is conceivable that prosecutions that conflict with the goals of current policy would not be pursued. A classified party directive obtained by Taiwan and published there states that local party committees are to exercise leadership in regard to important court cases. 32/ There is evidence that cadres are being held especially responsible for following the one-child policy as examples to the masses. Some have lost their jobs for personally failing to adhere to the policy. 33/ But abuse of power by local cadres for personal gain is a general problem recognized by the central leadership; it is quite possible that on occasion cadres have used their control of the planned birth program to give their own families some priority in filling the annual quotas of permitted births. V. Ties to Foreign Organizations It is difficult to say whether or not China's population limitation program has been affected by foreign organizations in a substantive way. The U.N Fund for Population Activities signed an agreement with the PRC on --------------- 31/ Supra note 7. 32/ Chinese Communist Directive Concerning Strengthening Political-Legal Work," reprinted in supra note 1, at 8-3--8-6. 33/ Report by Hainan Island News Service, translated in FBIS, Oct. 16, 1984, at Pl.14 Communist Youth League Members Concerning the Heed to Control China's Population Growth" of September 25, 1980, for the success of the policy. 31/ As far as is known, there is no special immunity from prosecution for party cadres who break the law in the course of implementing the one-child program. Since, however, there is no true independence of the judiciary, as party committee members "take the lead" in regard to vital judicial decisions, it is conceivable that prosecutions that conflict with the goals of current policy would not be pursued. A classified party directive obtained by Taiwan and published there states that local party committees are to exercise leadership in regard to important court cases. 32/ There is evidence that cadres are being held especially responsible for following the one-child policy as examples to the masses. Some have lost their jobs for personally failing to adhere to the policy. 33/ But abuse of power by local cadres for personal gain is a general problem recognized by the central leadership; it is quite possible that on occasion cadres have used their control of the planned birth program to give their own families some priority in filling the annual quotas of permitted births. V. Ties to Foreign Organizations It is difficult to say whether or not China's population limitation program has been affected by foreign organizations in a substantive way. The U.N Fund for Population Activities signed an agreement with the PRC on --------------- 31/ Supra note 7. 32/ Chinese Communist Directive Concerning Strengthening Political-Legal Work," reprinted in supra note 1, at 8-3--8-6. 33/ Report by Hainan Island News Service, translated in FBIS, Oct. 16, 1984, at Pl.15 September 9, 1980, to provide $50 million in aid over a four-year period. The funds were for a variety of projects, including the census, the planned birth program, and education on population issues. 34/ There has been some American interest since then in determining whether the funds have gone for abortions, voluntary or forced. It is probably not possible to determine exactly which funds have been used for various aspects of the population program, as the details of the state budget are kept confidential under the directive of the GAC on Preservation of State Secrets by All Levels of Government Working Personnel of 1950, and the Provisional Regulations for the Preservation of State Secrets of 1951, which as far as is known are still in force. 35/ However, the Chinese emphasize their independence in policy-making; a con- gratulatory telegram sent by Premier Zhao Ziyang to the second International Conference on Population, stressed the fact that world population planning should be based on a mutual respect among nations for sovereignty. 36/ China is a member of the International Planned Parenthood Federa- tion and has participated in various international conferences on the subject of population control. In October 1981, the Asian Conference of Parliamentarians on Population and Development was held in Beijing. The declaration --------------- 34/ 1981/2 Zhongguo Nianjian [1981/2 China Yearbook] 609 (Hong Kong, Kingsway International, 1981). 35/ Art. 1 or the 1950 directive, Art. 2, para. 5,of the 1951 provisional regulations, which includes state financial plans and budgets in the definition of state secrets. Available in translation in 2 China Law Reporter 271, 274 (Fall 1983). 36/ Aug. 6, 1984, Chinese text of the message in Zhonggou renmin gongheguo guowuyuan gongbao [Gazette of the State Council of the PRC], no. 19, Aug. 30, 1984, at 647-648.15 September 9, 1980, to provide $50 million in aid over a four-year period. The funds were for a variety of projects, including the census, the planned birth program, and education on population issues. 34/ There has been some American interest since then in determining whether the funds have gone for abortions, voluntary or forced. It is probably not possible to determine exactly which funds have been used for various aspects of the population program, as the details of the state budget are kept confidential under the directive of the GAC on Preservation of State Secrets by All Levels of Government Working Personnel of 1950, and the Provisional Regulations for the Preservation of State Secrets of 1951, which as far as is known are still in force. 35/ However, the Chinese emphasize their independence in policy-making; a con- gratulatory telegram sent by Premier Zhao Ziyang to the second International Conference on Population, stressed the fact that world population planning should be based on a mutual respect among nations for sovereignty. 36/ China is a member of the International Planned Parenthood Federa- tion and has participated in various international conferences on the subject of population control. In October 1981, the Asian Conference of Parliamentarians on Population and Development was held in Beijing. The declaration --------------- 34/ 1981/2 Zhongguo Nianjian [1981/2 China Yearbook] 609 (Hong Kong, Kingsway International, 1981). 35/ Art. 1 or the 1950 directive, Art. 2, para. 5,of the 1951 provisional regulations, which includes state financial plans and budgets in the definition of state secrets. Available in translation in 2 China Law Reporter 271, 274 (Fall 1983). 36/ Aug. 6, 1984, Chinese text of the message in Zhonggou renmin gongheguo guowuyuan gongbao [Gazette of the State Council of the PRC], no. 19, Aug. 30, 1984, at 647-648.15 September 9, 1980, to provide $50 million in aid over a four-year period. The funds were for a variety of projects, including the census, the planned birth program, and education on population issues. 34/ There has been some American interest since then in determining whether the funds have gone for abortions, voluntary or forced. It is probably not possible to determine exactly which funds have been used for various aspects of the population program, as the details of the state budget are kept confidential under the directive of the GAC on Preservation of State Secrets by All Levels of Government Working Personnel of 1950, and the Provisional Regulations for the Preservation of State Secrets of 1951, which as far as is known are still in force. 35/ However, the Chinese emphasize their independence in policy-making; a con- gratulatory telegram sent by Premier Zhao Ziyang to the second International Conference on Population, stressed the fact that world population planning should be based on a mutual respect among nations for sovereignty. 36/ China is a member of the International Planned Parenthood Federa- tion and has participated in various international conferences on the subject of population control. In October 1981, the Asian Conference of Parliamentarians on Population and Development was held in Beijing. The declaration --------------- 34/ 1981/2 Zhongguo Nianjian [1981/2 China Yearbook] 609 (Hong Kong, Kingsway International, 1981). 35/ Art. 1 or the 1950 directive, Art. 2, para. 5,of the 1951 provisional regulations, which includes state financial plans and budgets in the definition of state secrets. Available in translation in 2 China Law Reporter 271, 274 (Fall 1983). 36/ Aug. 6, 1984, Chinese text of the message in Zhonggou renmin gongheguo guowuyuan gongbao [Gazette of the State Council of the PRC], no. 19, Aug. 30, 1984, at 647-648.15 September 9, 1980, to provide $50 million in aid over a four-year period. The funds were for a variety of projects, including the census, the planned birth program, and education on population issues. 34/ There has been some American interest since then in determining whether the funds have gone for abortions, voluntary or forced. It is probably not possible to determine exactly which funds have been used for various aspects of the population program, as the details of the state budget are kept confidential under the directive of the GAC on Preservation of State Secrets by All Levels of Government Working Personnel of 1950, and the Provisional Regulations for the Preservation of State Secrets of 1951, which as far as is known are still in force. 35/ However, the Chinese emphasize their independence in policy-making; a con- gratulatory telegram sent by Premier Zhao Ziyang to the second International Conference on Population, stressed the fact that world population planning should be based on a mutual respect among nations for sovereignty. 36/ China is a member of the International Planned Parenthood Federa- tion and has participated in various international conferences on the subject of population control. In October 1981, the Asian Conference of Parliamentarians on Population and Development was held in Beijing. The declaration --------------- 34/ 1981/2 Zhongguo Nianjian [1981/2 China Yearbook] 609 (Hong Kong, Kingsway International, 1981). 35/ Art. 1 or the 1950 directive, Art. 2, para. 5,of the 1951 provisional regulations, which includes state financial plans and budgets in the definition of state secrets. Available in translation in 2 China Law Reporter 271, 274 (Fall 1983). 36/ Aug. 6, 1984, Chinese text of the message in Zhonggou renmin gongheguo guowuyuan gongbao [Gazette of the State Council of the PRC], no. 19, Aug. 30, 1984, at 647-648.15 September 9, 1980, to provide $50 million in aid over a four-year period. The funds were for a variety of projects, including the census, the planned birth program, and education on population issues. 34/ There has been some American interest since then in determining whether the funds have gone for abortions, voluntary or forced. It is probably not possible to determine exactly which funds have been used for various aspects of the population program, as the details of the state budget are kept confidential under the directive of the GAC on Preservation of State Secrets by All Levels of Government Working Personnel of 1950, and the Provisional Regulations for the Preservation of State Secrets of 1951, which as far as is known are still in force. 35/ However, the Chinese emphasize their independence in policy-making; a con- gratulatory telegram sent by Premier Zhao Ziyang to the second International Conference on Population, stressed the fact that world population planning should be based on a mutual respect among nations for sovereignty. 36/ China is a member of the International Planned Parenthood Federa- tion and has participated in various international conferences on the subject of population control. In October 1981, the Asian Conference of Parliamentarians on Population and Development was held in Beijing. The declaration --------------- 34/ 1981/2 Zhongguo Nianjian [1981/2 China Yearbook] 609 (Hong Kong, Kingsway International, 1981). 35/ Art. 1 or the 1950 directive, Art. 2, para. 5,of the 1951 provisional regulations, which includes state financial plans and budgets in the definition of state secrets. Available in translation in 2 China Law Reporter 271, 274 (Fall 1983). 36/ Aug. 6, 1984, Chinese text of the message in Zhonggou renmin gongheguo guowuyuan gongbao [Gazette of the State Council of the PRC], no. 19, Aug. 30, 1984, at 647-648.16 adopted by the conference called for cooperation among Asian countries in the area of population and development, in an effort to limit the annual Asian population growth to one percent by the year 2000. 37/ Prepared by Tao-tai Hsia, Chief and Constance A. Johnson, Legal Reference Assistant Far Eastern Law division Law Libray, Library of Congress April 1985 TTH: CAJ:WZ:sab 4/30/85 37/ See description of conference in supra note 23, at 833.16 adopted by the conference called for cooperation among Asian countries in the area of population and development, in an effort to limit the annual Asian population growth to one percent by the year 2000. 37/ Prepared by Tao-tai Hsia, Chief and Constance A. Johnson, Legal Reference Assistant Far Eastern Law division Law Libray, Library of Congress April 1985 TTH: CAJ:WZ:sab 4/30/85 37/ See description of conference in supra note 23, at 833.16 adopted by the conference called for cooperation among Asian countries in the area of population and development, in an effort to limit the annual Asian population growth to one percent by the year 2000. 37/ Prepared by Tao-tai Hsia, Chief and Constance A. Johnson, Legal Reference Assistant Far Eastern Law division Law Libray, Library of Congress April 1985 TTH: CAJ:WZ:sab 4/30/85 37/ See description of conference in supra note 23, at 833.16 adopted by the conference called for cooperation among Asian countries in the area of population and development, in an effort to limit the annual Asian population growth to one percent by the year 2000. 37/ Prepared by Tao-tai Hsia, Chief and Constance A. Johnson, Legal Reference Assistant Far Eastern Law division Law Libray, Library of Congress April 1985 TTH: CAJ:WZ:sab 4/30/85 37/ See description of conference in supra note 23, at 833.16 adopted by the conference called for cooperation among Asian countries in the area of population and development, in an effort to limit the annual Asian population growth to one percent by the year 2000. 37/ Prepared by Tao-tai Hsia, Chief and Constance A. Johnson, Legal Reference Assistant Far Eastern Law division Law Libray, Library of Congress April 1985 TTH: CAJ:WZ:sab 4/30/85 37/ See description of conference in supra note 23, at 833.