What is the fine standard for overbirth under the Marriage Law?

Destroying the laws of nature will inevitably lead to bad consequences.

Before the second child was released, a fine of 200,000 yuan was imposed for the second child.

In fact, there is no unified standard for fines for overbirths in the whole 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 in accordance with the conditions of their own provinces to formulate family planning regulations. Among them, the people of prefecture-level cities who have the power to formulate laws and regulations can also formulate family planning regulations in their own cities. So what is the fine standard for overbirth in Guangdong?

Article 53: Where children are born in violation of the provisions of these Regulations, social maintenance fees shall be levied in accordance with the following provisions:

1) Where an urban resident gives birth to more than one child, the husband and wife shall be respectively levied a one-time social maintenance fee of between three and six times the amount of the per capita disposable income of urban residents in the local county (city, district) in the previous year, and if their actual income in the previous year is higher than the per capita disposable income of urban residents in the local county (city, district) in the previous year, the excess shall also be subject to an additional social maintenance fee of between one and two times; Where two or more children are born in excess of the child, the social maintenance fee that should be levied on the basis of the one child that is born in excess shall be the base, and the social maintenance fee shall be levied in multiple of the number of children in excess of the child;

2) Where a rural resident gives birth to more than one child, the husband and wife shall be respectively subject to a one-time social maintenance fee of between three and six times the per capita net income of the local township and township farmers in the previous year, and their actual annual net income is higher than the per capita net income of the local township farmers in the previous year;

3) Where the first child is born without marriage registration, and the marriage registration is not completed within 60 days, twice the social maintenance fee shall be levied according to the calculation base provided for in subparagraph (1) or (2) of this article; Where a second child or more is born without marriage registration, social maintenance fees of between three and six times shall be levied on the basis of the calculation base provided for in subparagraphs (1) or (2) of this Article; Where a spouse has a child with another person, social maintenance fees of between six and nine times are levied on the basis of the calculation base provided for in subparagraphs (1) or (2) of this article.

Where adoption is not registered in accordance with law, it is to be handled in accordance with the provisions of the preceding paragraph. ‍‍

1. What is the standard of fines for overbirth?

1. The penalty for over-birth is levied on couples who do not meet the requirements to give birth to a third or more child, or a citizen who gives birth to a third or more child out of wedlock, according to 3 to 10 times the annual per capita disposable income of urban residents or rural residents announced by the municipal statistical department. The penalty for over-birth is levied at three times the actual annual income of urban residents whose actual annual income is higher than the annual per capita disposable income of urban residents, or the annual per capita net income of rural residents.

2. Legal basis: Article 18 of the Regulations on Chinese Population and Family Planning.

The State stabilizes the current fertility policy, encourages citizens to marry later and have children later, and advocates that a couple have one child; Those who meet the requirements provided for by laws and regulations may request that arrangements be made for the birth of a second 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.

2. What are the penalties for violating family planning?

1. Urban residents shall pay social maintenance fees in accordance with the following provisions: If they give birth to one child, they shall pay social maintenance fees of not less than 5,000 yuan but not more than 10,000 yuan. If a second child is born, a social maintenance fee of not less than 30,000 yuan but not more than 60,000 yuan shall be paid.

If the third child or more is born, a social maintenance fee of not less than 60,000 yuan but not more than 120,000 yuan shall be paid;

2. Rural residents shall pay social maintenance fees in accordance with the following provisions: If they give birth to their first child, they shall pay social maintenance fees of not less than 3,000 yuan but not more than 5,000 yuan. If a second child is born, a social maintenance fee of not less than 10,000 yuan but not more than 30,000 yuan shall be paid.

For those who give birth to the first child or more, pay social maintenance fees of between 30,000 and 60,000 yuan. If a person with a spouse gives birth to another person, the urban resident shall pay 120,000 yuan in social maintenance fees; Rural residents pay 60,000 yuan in social maintenance fees. Where a child is born in violation of the provisions of these Regulations, one party is a rural resident and the other is an urban resident, and social maintenance fees shall be levied in accordance with the standards for urban residents.

Those who meet the other requirements for reproduction as stipulated 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, and those who have not reached the interval for childbirth shall pay a social maintenance fee of 3,000 yuan.

1. Fines for overbirths in family planning.

There will be no fines for overbirth, but only social maintenance fees will be paid, and the specific penalties for overbirth are as follows:

If 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 Administration at the county level investigates the actual income of the person who gave birth or adopted the law and needs the assistance of relevant departments such as taxation, public security, statistics, labor security, real estate, etc., the relevant departments shall assist. 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.

The above are the fines for family planning overbirth.

2. What is the fine standard for overbirth in rural households?

1) In the case of early childbirth, it shall be levied at the rate of 60 percent to 1 time;

2) If one more child is born, it shall be levied at two to three times; If a second child is born, it shall be levied at four to six times; where more than three children are born, heavier levy;

3) Where a child is born outside of wedlock, it shall be levied at four to six times; Where a second or more child is born outside of wedlock, it shall be levied heavily.

Where an individual's actual annual income is higher than the per capita disposable income of local urban residents or the per capita net income of farmers, social maintenance fees may be levied in accordance with the provisions of the preceding paragraph on the basis of the individual's actual annual income.