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1. In general, it is calculated.
2. But it also depends on the specific regulations of your location, you can check the regulations of your province, which province are you from?
Supplement: 1. The conditions for Fujian to legally have another child after remarriage are: "The remarried couple [one party has no children], [one party has one child before remarriage:
Your father had 2 children before he remarried]; or [one party remarries after being widowed, and both parties have a total of two children in accordance with the provisions of these Regulations before the remarriage], one more child may be born upon approval. ”
2. Your father is considered a superchild.
Addendum: 1. "Are twins counted as one or two?" ": It's one child, but two children.
2. "The stepmother is married for the first time and has a child for the first time, so is this counted?" ": Yes. If you don't believe it, please call ** to your local family planning commission to ask, if there is no information about the county-level family planning commission, ask them and then ask the municipal family planning commission and the provincial family planning commission.
3. "If you can't give birth, then isn't it a deprivation of reproductive rights?" ”:
1) It is not a deprivation of reproductive rights, nor is it impossible to have children, but a fine must be paid;
2) Moreover, if your father has only one child before and your stepmother has not given birth, you can legally have another child without paying a fine.
3) The determination of whether there is an excess of children is measured by the number of children born to the husband and wife together, not by the situation of one of the spouses, and your stepmother must be considered in conjunction with the situation of your father.
4) No way, it's a regulation of laws and regulations, although you don't like to hear it.
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According to the Family Planning Law, this is not an act of overbirth, because your stepmother has never given birth, so she has the right to have children of her own.
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No, you can look up the Family Planning Law online. Take a look and you'll understand.
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No, your stepmother hasn't given birth, you can give birth.
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Legal Analysis: Superbirth is an illegal act, but it is a general illegal act.
Legal basis: Article 18 of the Law of the People's Republic of China on Population and Family Planning: The State advocates that a couple have three children.
Where the requirements provided by laws and regulations are met, arrangements may be made to arrange for the birth of another child. The specific measures shall be formulated by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees.
Ethnic minorities should also practice family planning, and the specific measures shall be formulated by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees.
Where there are inconsistencies in the provisions on the reproduction of children between the provinces, autonomous regions, or municipalities directly under the Central Government where the husband and wife are registered, they shall be applied in accordance with the principle of benefiting the parties.
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Legal Analysis: It is illegal to give birth to a child. Superbirth, that is, beyond the planned birth.
Family planning is one of China's national policies, and in the past, in principle, only one child was allowed, but there were exceptions. Citizens who do not meet the requirements to give birth to children shall pay social maintenance fees in accordance with the law. If the social maintenance fees that should be paid in full within the prescribed time limit shall be paid in full, a late fee shall be imposed in accordance with the relevant provisions of the State from the date of non-payment; If the payment is still not made, the family planning administrative department that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with law.
Legal basis: Article 41 of the Population and Family Planning Law of the People's Republic of China Citizens who give birth to children who do not comply with the provisions of Article 18 of this Law shall pay social maintenance fees in accordance with the law.
If the social maintenance fees that should be paid in full within the prescribed time limit shall be paid in full, a late fee shall be imposed in accordance with the relevant provisions of the State from the date of non-payment; If the payment is still not made, the family planning administrative department that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with law.
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Whether the superborn will be held accountable depends on the situation.
Now my country has opened up the three-child policy, so if you have three children, you will not be fined. However, there is no document stating that the fourth child will not be fined, so the fourth child will still be fined. Population development is related to the development of the country, so it is very important to control the population reasonably.
The fines for overbirth are different in each region, and they are calculated based on the area where both parties live and their actual income, and there is no law that stipulates how much money must be fined for overbirth, which is different for each person and each regionAdapt to local conditions. <>
Why is it that the vast majority of couples are now reluctant to have more children or are not willing to have children? First of all, because of the high housing prices, the house is a sense of security, if the couple has children, they will pay special attention to the opinions of the children, and if they don't even have a place to live with the children, it feels like a disadvantage to the children, and they feel that they are particularly incompetent. Moreover, the cost of raising a child is particularly high, and if you want to give him a good education, you have to spend money, and training courses and teaching aids are indispensable.
Then one more person has to bear the medical expenses of one more person, as a young person into middle age, the most unbearable thing for people is to have old luck on the upper branches, and small on the bottom. It's just that he is stuck with his hands in the sky, and he has to turn into a superman all the time. <>
So that's why people don't like to have more children anymore. But in order to encourage people to have more children, ** has tried their best. In our country, there is no clear legal reward for having more children, and in some foreign countries, having a child is equivalent to receiving a year's salary!
** Incentives, social incentives, unit incentives, various subsidies. Despite this, there are still not many people who are willing to have children, and Meng Liang ** racks his brains and is unable to change the status quo.
What do you think about whether or not to be fined for overkill? Do you want the country to open up four children?
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It's true, a new policy has been introduced, and three children have been opened, so if you give birth to more than one child, you won't be fined.
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Now the state has opened up the three-child policy and encourages people to have three children, but there are still fines for more than three children.
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Summary. According to the latest regulations, the solution to the problem of superbiotics should be implemented in an integrated manner to ensure the effective solution of the problem of superbirth. First of all, it is necessary to strengthen the monitoring of the problem of overbirth, so that it can be detected in a timely manner and effective measures should be taken.
Second, it is necessary to strengthen the study of the problem of superbirth, so as to better understand the causes of the problem and take effective measures. In addition, the prevention of overbirth problems should be strengthened so that they can be detected in a timely manner and effective measures should be taken. Finally, education on the problem of superbirths should be strengthened in order to raise public awareness of the problem and to take effective measures.
In short, the solution to the superbiotic problem should be implemented in a comprehensive manner to ensure the effective solution of the superbiotic problem.
According to the latest regulations, the solution to the problem of superbirth should be implemented in a comprehensive manner to ensure the effective solution of the problem of supercare. First of all, it is necessary to strengthen the monitoring of the problem of overbirth, so that it can be detected in a timely manner and effective measures should be taken. Second, we should strengthen the study of the problem of superbirth, so as to better understand the causes of the problem and take effective measures.
In addition, the prevention of overbirth problems should be strengthened so that they can be detected in a timely manner and effective measures should be taken. Finally, education on the problem of superbirths should be strengthened in order to raise public awareness of the problem and to take effective measures. In short, the solution to the superbiotic problem should be implemented in a comprehensive manner to ensure the effective solution of the superbiotic problem.
I'm sorry I don't understand, but can you elaborate on that?
The latest regulations:1For the problem of super-spring transportation, more stringent measures will be taken to prevent the occurrence of super-birth.
For families with superbirths, more educational machine hosiery will be provided to help children develop better. 4.For families with superbirths, more health care services will be available to help families take better care of their children.
Causes: The occurrence of the problem of overbirth is mainly due to the low level of social and economic development, the backward economic conditions of the family, the lack of a good concept of childbirth, and the lack of effective family planning policies. Workaround:
We should strengthen social education, guide people to establish a good concept of childbearing, and enhance people's understanding of family planning, so as to reduce the occurrence of the phenomenon of superbirth. Sneak 3Strengthen social and economic development and improve the economic conditions of families so as to reduce the occurrence of superbirth.
Personal Tips:1We should actively participate in family planning and achieve "three children" so as to reduce the occurrence of superbirths.
2.We should strengthen social education and guide people to establish a good concept of childbearing, so as to reduce the occurrence of superbirth. 3.
We should strengthen social and economic development and improve the economic conditions of families so as to reduce the occurrence of superbirth.
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After the policy, those who were overborn in the past will continue to be punished. Because what was superborn in the past has actually happened, you can't use the law that appeared later to judge what happened before. It is worth mentioning that after the release of the third child, the social maintenance fee was cancelled at the same time, that is, now the superchild will not be "fined".
After the implementation of the national two-child policy, those who previously had more than one child will continue to be punished. The state began to implement a new family planning policy on New Year's Day 2016, advocating that a couple have two children.
If you give birth to a second child before this, as long as you do not apply for the second child permit in advance, it is a violation of the family planning policy to have more children. The parties are subject to the corresponding administrative penalties and need to pay a fine in the name of social maintenance fees.
Measures for the Administration of the Collection of Social Maintenance Fees (repealed).
Article 3 stipulates that 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.
Article 5 stipulates that the collection of social maintenance fees for floating populations who do not meet the requirements of Article 18 of the Population and Family Planning Law and give birth to children 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 collection standards of the current place of residence;
2) If the birth behavior of the party occurs in the place of his or her household registration, the administrative department for family planning of the people's family planning 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 has not discovered it, and then the county-level people's ** family planning administrative department that first discovered his birth behavior shall make a collection decision in accordance with the local collection standards.
Where a party has already been levied social maintenance fees in one place, social maintenance fees are not levied again in another place for the same facts.
Article 8 stipulates that if a party fails to pay social maintenance fees within the prescribed time limit, a late fee of 2/1000 of the outstanding social maintenance fees shall be charged every month from the date of non-payment; If the payment is still not made, the family planning administrative department that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with law.
The previous superbirths still have to be dealt with and punished, and the later policies cannot be used to adjudicate the previous illegal incidents. Before the opening of the two-child policy, the overbirth behavior was an illegal act and was subject to administrative punishment, and the administrative punishment here was to pay a fine to the family planning department. It is worth mentioning that after the release of the third child, the social maintenance fee was canceled at the same time, that is, now the superbirth will not be "fined" Chunna.
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Breaking the law refers to the behavior that violates the existing laws and causes some harm to the society. Violations are classified according to the severity of the offense into ordinary offenses and serious offenses (i.e., criminal acts). According to the laws it violates, it can be divided into administrative violations, civil violations, and criminal violations.
Giving birth to a child in violation of the provisions of the Population and Family Planning Law of the People's Republic of China is an administrative offense rather than a crime (i.e., a serious violation), and the administrative department for family planning may impose an administrative penalty of ordering the payment of social maintenance fees.
Therefore, in terms of the nature of the violation, the act of exceeding family planning is an ordinary violation, not a serious violation.
Population and Family Planning Law of the People's Republic of China
China is a country with a large population, and the practice of family planning is a basic state policy.
The State shall adopt comprehensive measures to control the number of the population and improve the quality of the population.
The State relies on propaganda and education, scientific and technological progress, comprehensive services, and the establishment and improvement of the incentive and social security systems to carry out population and family planning work.
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The latest policy of fines for overbirths is still in accordance with family planning to give birth to only two children, except for special Yinfan special circumstances, social maintenance fees will be levied on those who give birth, and citizens who do not meet the birth regulations should pay social maintenance fees, which is often referred to as fines for overbirths, this provision has been retained in the revision, and the standard of fines for overbirths is not a uniform standard across the country, but is determined by the people's people's congresses of provinces, autonomous regions and municipalities directly under the Central Government or their standing committees according to the situation of the province to formulate family planning regulations.
Criteria for family planning:
1. The State advocates marriage and childbearing at appropriate age, and ethnic minorities should also practice family planning, and those who meet the requirements may request arrangements for having another child.
2. The specific policy provisions should be applied in accordance with the principle of benefiting the parties, and a couple can have three children, and the provisions on having children between the provinces, autonomous regions, and municipalities directly under the Central Government where the husbands and wives are registered are different are not the same.
3. Applied in accordance with the principle of benefiting the parties, for the country, it is conducive to controlling the excessive population growth, and for the individual, it is conducive to the health, work and study of young people. <>
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