Perhaps the most well known aspect of Modern Chinese Law is the policy of birth planning, more commonly known as the One Child Policy, originally instituted in 1978. At the time of Mao’s death in 1976, China faced a problem with over-population that threatened to become apocalyptic proportions. In the quarter century after the Communist victory in the Chinese Civil War, the government of the People’s Republic of China had achieved several great successes in raising the standard of living of the Chinese people. In 1949, the infant mortality rate was 22.7%; by 1976, it was only 5.3%. The Chinese life expectancy in 1949 was only 35 years; by 1976, it had reached 65, a spectacular increase by any standard. Partially as a result of these successes, the total Chinese population had increased from 540 million in 1949 to 940 million in 1976. Farsighted statesmen could easily foresee dire consequences a generation later if that democratic trend continued.
The policy of birth planning encourages Chinese families to have fewer children and to space them wider apart. It applies only in urban areas and is not applicable in the countryside or in the special districts of Hong Kong and Macau. The government estimates that 35.9% of all people in the PRC are subject to its jurisdiction. Academic experts differ as to the number of births that policy has prevented. The lowest calculate at 1 million, the highest at 400 million.
While the PBP involves the government in family planning in an unprecedented manner, all available information indicates that it enjoys the support of the overwhelming majority of the Chinese people. A 2008 PEW poll showed that 76% of those responding favored continuing the policy. Furthermore, the PBP has succeeded in dramatically changing Chinese family planning. In the early 1970’s there were, on average, five children per couple in the PRC; by 2009 that figure had fallen to 1.61.
Many westerners find the idea of the central government taking such an active role in family planning through taxes and fines deeply abhorrent. The PBP played a role as a major sub-plot in Tom Clancy’s 2000 novel, “The Bear and the Dragon”.
As an American lawyer who spends considerable time handling cases in juvenile court, I have had occasion to consider the wisdom of differing juvenile systems. I was recently assigned to defend a client, who believe it or not, named Mr. Washington. He was charged with non-payment of child support. I soon learned that he had managed to father five different children by five different women, none of whom he had married. He may not be the father of his country, but he’s doing pretty well for himself on the north side of Columbus, Ohio. As to what role, if any, the government should take regarding Mr. Washington’s activities, discuss amongst yourselves.