Violation of the Family Planning Law, how to deal with violations of the Family Planning Law

A "social maintenance fee", known as a fine, is payable.

The standard for the collection of social maintenance fees shall be based on the annual per capita disposable income of local urban residents and the per capita net income of rural residents as the basic reference standards for calculating and levying, and the amount to be levied shall be determined in combination with the actual income level of the parties and the circumstances of giving birth to children in accordance with the provisions of laws and regulations. The specific standards for the collection of social maintenance fees shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government. ”

Social maintenance fee = local per capita income * n times, the specific amount is known by consulting the local family planning department.

First of all, you don't know what you're reacting to. If a boy gives birth to a first child in a rural area, it is already possible to give birth to a second child (for example, if it is an ethnic minority or if one child cannot grow into a normal labor force, etc.).

If a second child is born in violation of the policy, then social maintenance will be levied in accordance with the law. The exact amount of the levy varies depending on the region and the number of children born illegally. The specific regulations can be found online (**Provincial Population and Family Planning Regulations, Administrative Measures for the Collection of Social Support Fees).

It is not a fine, but a social maintenance fee, which is levied at a multiple of the local rural per capita income.

Yes, we also have six thousand, ten thousand.

Article 41 of the Population and Family Planning Law stipulates: "A citizen who does not meet the requirements of Article 18 of this Law and gives birth to a child shall pay social maintenance fees in accordance with the law.

Violation of family planning policies.

will be levied social maintenance and will be a state functionary.

shall also be given an administrative sanction.

Other personnel are also subject to disciplinary action. The cost of punishment varies from region to region across the country, and is basically based on the economic level of each locality.

Family planning is the process of systematic control of the population through late marriage, late childbearing, eugenics, and fewer births. It is the basic national policy of our country.

One. Since the launch of family planning in China, it has played a positive role in population control and economic development. At present, since the first batch of only children born in the 80s of the 20th century has reached marriageable age, the family planning policy has been relaxed to a certain extent, such as the possibility of having a second child alone.

The Population and Family Planning Law of the People's Republic of China, taking into account the differences in the level of economic development in various regions and the collection and management measures of the expropriated citizens, does not clearly stipulate the specific amount of social maintenance fees, but stipulates that "the measures for the collection and management of social maintenance fees shall be formulated by the people". On August 2, 2002, in accordance with the authorization of the law, the Administrative Measures for the Collection of Social Maintenance Fees were promulgated, which made further specific provisions on the collection of social maintenance fees, but only a principle was made for the standard of collection of social maintenance fees, and still no very specific provisions were made.

Paragraph 2 of Article 3 of the Administrative Measures for the Collection of Social Maintenance Fees stipulates that "the standard for the collection of social maintenance fees shall be based on the annual per capita disposable income of local urban residents.

and the per capita net income of rural residents shall be the basic reference criteria for the calculation of levy, and the amount of levy shall be determined in combination with the actual income level of the parties and the circumstances of giving birth to children in accordance with the provisions of laws and regulations. The specific standards for the collection of social maintenance fees shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government. ”

The most direct way to not comply with family planning is to pay social maintenance fees, which are stipulated for the standard of collection, and cannot be messed with, so that the parties concerned should pay them in time after they are determined, so as not to be directly enforced by the other side at that time.

Those who violate family planning must pay social maintenance fees in accordance with the law.

According to Article 3 of the Measures for the Administration of the Collection of Social Maintenance Fees, citizens who do not meet the requirements of Article 18 of the Population and Family Planning Law and give birth to children shall pay social maintenance fees in accordance with the provisions of these Measures. The standards for the collection of social maintenance fees shall be based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents as the basic reference standards for the calculation and collection, and the amount to be levied shall be determined in combination with the actual income level of the parties and the circumstances of giving birth to children in accordance with the provisions of laws and regulations. The specific standards for the collection of social maintenance fees shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government.

No unit or individual may violate the provisions of laws and regulations by adding additional items related to family planning and raising the standard for the collection of social maintenance fees.

Legal analysis: There are many meanings of violating the family planning policy: 1. Pregnant women who have given birth or have not gone through the formalities for giving birth 2. After giving birth, they pay the so-called social maintenance fee (that is, the fine for giving birth to the child) as required; 3. Illegal operation of family planning staff (such as illegal induction of labor, etc.) 4. The mother has a fixed maternity leave and rent, if the unit does not give maternity leave, it is a violation of the policy; 5. There are policy incentives for selling women as an only child, such as the unit's private deduction and interception, which is also a violation of the family planning policy.

Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 27 During the period when the State encourages a couple to have one child, the State will issue a "Certificate of Honor for Parents of One Child" to couples who voluntarily give birth to only one child for life.

Legal analysis: There are many meanings of violating the family planning policy: 1. Pregnant women who have given birth or have not gone through the formalities for giving birth 2. After giving birth, they pay the so-called social maintenance fee (that is, the fine for giving birth to the child) as required; 3. Illegal operation of family planning staff (such as illegal induction of labor, etc.) 4. The mother has a fixed maternity leave, if the unit does not give maternity leave, it is a violation of the policy; 5. There are policy incentives for only children, such as the unit's private deduction and interception, which is also a violation of the family planning policy.

Legal basis: Population and Family Planning Law of the People's Republic of China Article 27 Couples who voluntarily give birth to only one child for the rest of their lives during the period when the State encourages a couple to have one child shall be issued a "Certificate of Honor for the Father of an Only Child".

Legal Analysis: Violations of the Regulations on Family Planning Registration generally belong to the civil category, but what constitutes a crime is the criminal category.

Legal basis: Regulations on the Chinese Population and Family Planning Article 36 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the administrative department for family planning or the administrative department of health on the basis of its authority, give a warning, and confiscate unlawful gains; where unlawful gains are more than 10,000 RMB, a fine of between 2 and 6 times the amount of unlawful gains is to be given; where there are no unlawful gains or the unlawful gains are less than 10,000 RMB, a fine of between 10,000 and 30,000 RMB is to be imposed; where the circumstances are serious, the original license-issuing organ shall revoke the practice certificate; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Illegally performing family planning surgeries for others;

2) Using ultrasound technology or other technical means to conduct non-medically necessary fetal sex determination or sex-selective artificial termination of pregnancy for others;

3) Carrying out false birth control operations, conducting false medical evaluations, or issuing false family planning certificates.

Legal analysis: 1. The competent health department shall order corrections, give warnings, and confiscate illegal gains; 2. Where unlawful gains are more than 10,000 yuan, a fine of between two and six times the amount of unlawful gains is to be given; 3. Where there are no unlawful gains or the unlawful gains are less than 10,000 RMB, a fine of between 10,000 and 30,000 RMB is to be imposed.

Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 40 Whoever violates the provisions of this Law by committing any of the following acts shall be ordered by the competent health department to make corrections, give a warning, and confiscate unlawful gains; where unlawful gains are more than 10,000 RMB, a fine of between 2 and 6 times the amount of unlawful gains is to be given; where there are no unlawful gains or the unlawful gains are less than 10,000 RMB, a fine of between 10,000 and 30,000 RMB is to be given; where the circumstances are serious, the original license-issuing organ is to revoke the practice license; If a crime is constituted, criminal responsibility shall be pursued in accordance with law: (1) the person who illegally performs family planning surgery for others; 2) Using ultrasound technology or other technical means to conduct non-medically necessary fetal sex determination or sex-selective artificial termination of pregnancy for others;

The People's Republic of China has changed its reputation to the People's Republic of China on Population and Family Planning Law

Article 18. The State advocates age-appropriate marriage and childbearing, and eugenics. A couple can have three children.

The Chinese People's Republic of China and the Population and Family Planning Law

Article 44.

Anyone who violates the provisions of this law and fails to perform the obligation to assist in the management of family planning shall be ordered to make corrections by the local people concerned and given a notice of criticism;

The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.

Population and Family Planning Law of the People's Republic of China

Article 45.

Where the competent departments for health and their staffs are refused or obstructed from performing their official duties in accordance with law, the competent departments for health are to criticize and educate and stop them;

where a violation of the administration of public security is constituted, a public security administrative sanction shall be given in accordance with law;

where a crime is constituted, criminal responsibility is pursued in accordance with law

If the person concerned gave birth to a child in violation of the family planning policy at that time, accepted the relevant punishment in accordance with the regulations, and paid a fine in the name of social maintenance fees, then the party will not be required to pay the fine again for the same matter. The "Measures for the Administration of the Collection of Social Maintenance Fees" stipulates that Article 5 The collection of social maintenance fees for floating populations who give birth to children that do not comply with the provisions of Article 18 of the Population and Family Planning Law shall be handled in accordance with the following provisions:

1) If the birth behavior of the party occurs in his current place of residence, the people's family planning administrative department at the county level of the current place of residence shall make a decision on expropriation in accordance with the expropriation standards of the current place of residence (2) If the birth behavior of the party occurs in the place of his household registration, the people's family planning administrative department at the county level where the household registration is located shall make a decision on expropriation in accordance with the collection standards of the place of household registration; (3) When the person's birth behavior occurs, the county-level people's ** family planning administrative department at the place of his current residence or household registration is not discovered, and then the county-level people's ** family planning administrative department that first discovers his childbearing behavior shall make a collection decision in accordance with the local collection standards. If the party concerned has already been levied social maintenance fees in one place, he or she will not be levied again in another place because of the fact that he or she is the same as Xinmin. Article 24: The same illegal act of a party must not be given an administrative punishment of two or more fines.