OPINION> Commentary
Family planning blues
(China Daily)
Updated: 2009-01-14 07:35

In a just society, all are equal before the law. Things can go very wrong if some people assume they can violate the law because they are rich. Government policies may not work if the rich think some of these need not apply to them.

China's family planning policy has huge demographic and economic underpinnings. Yet, the rich are known to violate it. In so doing, they actually sabotage not only the economy, but also the rule of law. The question that has long bothered policymakers is how to stop the rich from getting away with violation of the family planning policy.

The Beijing government now plans to make the rich pay more dearly for having more children than the law permits. It is a move that was long overdue. The current practice requiring them to pay on the basis of the city's average per capita annual income is neither fair nor effective enough.

The capital's population must be kept within 18 million by 2020 for the city to be properly developed. But the target could be difficult to meet if the policy is not strictly observed. It is estimated more than 400 million births in China have been prevented since the policy was enacted in the 1970s. It has relieved the country of the pressure of resources shortage, contributing to the fast economic growth in the past three decades.

Three decades into practice, the policy is generally accepted as an imperative that helps ensure a sustained social and economic development. Yet a growing number of rich and powerful people are brazenly flouting it. A 2007 survey conducted in major cities by the National Population and Family Planning Commission showed that many of celebrities and rich people have two children, with 10 percent of them having three.

This phenomenon evokes an increasing number of complaints from the public. Celebrities and rich people are having more children than ordinary people because the fines are not heavy enough to have teeth. In Beijing's case, the fine is too small to be a deterrent. We do not know the details of the plan which was released yesterday. But the bigger issue is whether only a higher fine is the answer to the problem.

The link between the fine and their own annual income should be a more important factor that would make them think twice before deciding to break the law. It is also fairer because the wealthy people should shoulder more responsibility by contributing more to the fund, which is used to provide the public goods their extra children are to consume.

The capital's new rule, despite being inadequate, is a good move. But how to effectively implement it is another challenge. Many rich people either ignore the penalty or are slow to provide the money. In one case in Hubei province, one violator only paid $14,000 of his fine of $106,000.

The suggestion by a commission official to have the names of the offending rich people recorded and depriving them of the opportunity to compete in titles such as "honorary citizen" is a practical choice, for a majority of them do not wish to see their reputation tarnished.

The rich have to realize the importance of the issue and change their attitude. Ultimately, though, the authorities will have to think of ways to ensure that the policy works uniformly for the whole society. Not monetary penalties, but respect for the law must be the real answer.

(China Daily 01/14/2009 page8)