How to punish illegal childbirth in different situations?

Article 42 Where a child is born in violation of the law, the county-level people's population and family planning administrative department or the township (town) people's ** and sub-district offices entrusted by it shall levy social maintenance fees on the child in accordance with the following provisions:

1) If the conditions for giving birth to another child are met and the birth certificate is not obtained, the tax shall be levied at 30% of the total income of the previous year. After the collection of social maintenance fees, the birth certificate will be reissued.

2) Where one child is born in violation of the law, it shall be levied at two to six times the total income of the previous year, and if the child is born in bigamy or with a person other than the spouse, it shall be levied at six to eight times; For each additional child, the levy shall be increased by three times in turn.

Where the requirements for marriage are met but the first child is pregnant without marriage registration, the marriage registration and birth certificate shall be completed before the birth of the child. Where children are born out of wedlock or illegally adopted, social maintenance fees shall be levied according to the number of children in accordance with the standards provided for in item (2) of the preceding paragraph of this article.

The total income referred to in this article is calculated on the basis of the actual income of both parties to the illegal birth or the illegal adopter. Where the people's population and family planning administrative departments at the county level need the assistance of relevant departments such as taxation, public security, statistics, labor security, real estate, and other relevant departments in investigating the actual income of illegal births or illegal adopters, the relevant departments shall provide assistance. Where the actual income of rural residents is lower than the per capita net income of rural residents in the previous year in their own township (town), and the actual income of urban residents is lower than the per capita disposable income of the city or county in the previous year, the rural residents shall be calculated on the basis of the per capita net income of rural residents in the previous year in their own township (town), and the urban residents shall be calculated on the basis of the per capita disposable income of urban residents in the city or county in the previous year.

Legal Analysis: If it is determined that it is an overbirth (according to the provisions of the "Population and Family Planning Regulations" of each province), the amount of social maintenance fees levied is much higher than the above two types of "non-marital births", and in addition to paying social maintenance fees, public employees must also be dealt with by party and government discipline, up to expulsion from the party and public office.

Legal basis: "Measures for the Administration of the Collection of Social Maintenance Fees" Article 3 Citizens who give birth to children who do not comply with the provisions of Article 18 of the Population and Family Planning Law 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.

Illegal births:

1) Giving birth before reaching the statutory interval between births;

2) Giving birth to a third child (excluding multiple births when giving birth to the first child in accordance with the law; twins or multiple births at the time of the birth of the second child in accordance with the law; Where one of the remarried spouses has already given birth to two children and is widowed, and the other party has no children, and has one more child in accordance with the law) or a third or more child;

3) The remarried couple does not meet the requirements for childbirth and gives birth;

4) Violating Article 36 of the "Family Planning Regulations" by the person concerned who is not allowed to give birth within three years but gives birth;

5) Violating the provisions of Article 36 of the "Family Planning Regulations" by the party concerned who no longer approves the childbearing and gives birth to a child;

6) Those who meet the requirements for giving birth to a second child or having another child, but give birth without applying for approval to receive a "Birth Certificate";

7) Other births that do not meet the statutory requirements. Article 36 of the "Family Planning Regulations" stipulates that anyone who violates the provisions of this Law by committing any of the following acts shall be ordered to make corrections by the administrative department of family planning or the administrative department of health in accordance with its authority, give a warning, and confiscate illegal 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 shall revoke the practice certificate; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Illegally performing 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;

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

1) If one child is born, pay a social maintenance fee of not less than 5,000 yuan but not more than 10,000 yuan;

2) If a second child is born, pay social maintenance fees of between 30,000 and 60,000 yuan;

3) If the third child or more is born, pay social maintenance fees of between 60,000 and 120,000 yuan. Rural residents shall pay social maintenance fees in accordance with the following provisions:

1) If the first child is born, pay a social maintenance fee of not less than 3,000 yuan but not more than 5,000 yuan;

2) If the second child is born, the social maintenance fee of not less than 10,000 yuan but not more than 30,000 yuan shall be paid;

3) If the first child or more is born, pay social maintenance fees of between 30,000 and 60,000 yuan;

4) If a spouse gives birth to another person, the residents of the town shall pay 120,000 yuan in social maintenance fees; Rural residents pay 60,000 yuan in social maintenance fees;

5) Where a child is born in violation of the provisions of these Regulations, one party is a rural resident and the other party is an urban resident, and social maintenance fees are to be levied in accordance with the standards for urban residents;

6) Those who meet the other requirements for reproduction as provided for in these Regulations, but give birth without the approval of the county-level family planning administrative department, shall pay a social maintenance fee of 1,000 yuan; If the interval is not reached, a social maintenance fee of 3,000 yuan shall be paid.

If a child is born in violation of the national and local family planning policies, the parents of the child need to accept the corresponding administrative punishment and pay a fine in the name of social maintenance fees. The specific amount of social maintenance fees varies from place to place, and the local regulations of the parties shall prevail. The collection of social maintenance fees shall be made in writing by the county-level people's ** family planning administrative department; The county-level people's ** family planning administrative department may entrust the township (town) people** or the sub-district office to make a written expropriation decision.

The Population and Family Planning Law stipulates that a citizen who gives birth to a child in accordance 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.

Article 42 A person who pays social maintenance fees in accordance with the provisions of Article 41 of this Law is a state functionary and shall also be given an administrative sanction in accordance with law; Other personnel shall also be given disciplinary sanctions by the unit or organization to which they belong. Article 43 Those who refuse or obstruct the family planning administrative departments and their staff members from performing their official duties in accordance with the law shall be criticized and educated by the family planning administrative departments and put a stop to 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 lawThe "Measures for the Administration of the Collection of Social Fees" stipulates:

Article 3 A citizen who gives birth to a child who does not comply with the provisions of Article 18 of the Population and Family Planning Law 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 4 The collection of social maintenance fees shall be made in writing by the people's family planning administrative department at the county level; The county-level people's ** family planning administrative department may entrust the township (town to eliminate the dry child) people** or the sub-district office to make a written expropriation decision.