浅析社会抚养费新规外文翻译资料

Social Maintenance Fees

作者：21st,时间：2014年1月14日

Social support as an important system in the implementation of Chinas family planning policy, has been one of the focus in the field of jurisprudence and sociology. At the same time,the social support system is also very social controversy, mixed. Evolution of social maintenance fee title, knowing the law of social support, social support for clear legal nature of social maintenance fee collection,the problems and Countermeasures in the reflection of the social support system, the overall costs, for the timely change in Chinas one-child policy, have great significance.

First of all, letrsquo;s trace the evolution of social maintenance fee title: from the economic limit general initially, to fines,and then to the family plan fee,finally in the form of law named social maintenance fee. The evolution of social maintenance fee name calendar seemingly form changes、changes in its essence and its idea actually hidden behind the legislators. However,both the working personnel of the state or the media, in informal situations or news reports, until today still use the word 'fines', the implied meaning worth.

Secondly, it is necessary for us to know about the collection of social maintenance fees, impose a standard, the use of regulatory object,relevant fees collection from four aspects such as laws and regulations. The specific provisions of a object^ local laws and government regulations are different, the complexity and diversity, the illegal reproduction, born out of wedlock,in violation of the reproductive period, violation of reproductive age limit, meet the conditions but without approval, illegal adoption, bigamy fertility, birth certificates, meet the conditions but not to as the means to meet the conditions for marriage without registration, under the legal age,have a spouse with others who are born out of wedlock terms. The actual situation in the province of individual provinces, but also provides some special cases.

The collection of social maintenance fees base, in addition to Heilongjiang and Tibet, local legislative basic to the local 'average annual disposable income of urban residents' and 'rural residents per capita net income' shall prevail. In every province of the country social maintenance fee levied on specific standards,is differ in thousands of ways, a range of different, difference is bigger,a calculation method of different, diverse collection of standards, the poor operability,on multiple range is larger, administrative discretion larger.

The local regulations of social support for the population and family planning work. According to the ” social maintenance fee collection and management measures' provisions of article eleventh, the social maintenance fee regulation has specific authority. In addition, Hunan, Sichuan,Sharixi, Qinghai 4 provinces increased relevant provisions on social supervision,worth learning.

Thirdly, the legal nature of social maintenance fee is worth researching. Long-term since, the legal nature of social maintenance fee has been controversial, there are 'two views administrative levy fees' and 'administrative penalty'. A part of scholars regard the social maintenance fee as administrative punishment, for 1 reasons,social support from the administrative relative person in violation of the so-called family planning obligations; 2,the social maintenance fee as administrative fine can reflect a negative evaluation laws against illegal fertility behavior; 3, regardless of state organs or the media, all the social maintenance fee as administrative punishment; 4,the social maintenance fee for basic principles of administrative charges qualitative does not conform to the administrative fees; 5,social support and not only for the multiple birth collection.

Some scholars believe that social support is a kind of administrative fees,reason for 1,from the legislative purpose, multiple birth population occupy more public resources, countries have to pay more for the investment, social support is to a certain extent make up for these social resources and collection costs; 2,from the collection assumptions, the collection of social maintenance fees is not illegal premise; 3,from the international impact, the social maintenance fee as administrative fees help to build up a good international image of China; 4,from the normative legal documents, Law Committee of the NPC Standing Committee has clearly pointed out: a plan. Fertility fees (social support) is not fine; 5, from the statute on look, if the social maintenance fee as administrative penalty, is not conducive to the collection of social maintenance fees,and also against on fertility regulation.

The author thinks that the ultrasound and the time constraint, the case of fertility, collection of social maintenance fee is punitive administrative fees; in premarital pregnancy, marital unauthorized reproduction, out-of-wedlock births and other special circumstances, collection of social maintenance fee belongs to administrative punishment; and mixing the above two kinds of circumstances. Next, collection of social maintenance fees has dual attributes of administrative punishment and administrative charges.

Fourthly, it is nature to analyse the social maintenance fee collection and management problems and suggest countermeasures. Collection issues include law enforcement attitude, violent,serious violations, generally resist, levy is hard, exceed a meter have finance, the township government to advance social maintenance fee collection standards, does not correspond to the actual situation, financial chaos, to contact, dividing the property fee. Problems in the use of cash is mainly using opaque, the opinions of the masses, 'less than return' system is imperfect, the work of family planning, the township government serious loss of reserve funds misappropriated social maintenance fees, supervision, corruption

剩余内容已隐藏，支付完成后下载完整资料

资料编号：[503846]，资料为PDF文档或Word文档，PDF文档可免费转换为Word