The professor has children outside the state plan and is fined 240 000 to inform the family planning committee break the law - the child is not the unlawful gains

The professor has children outside the state plan and is fined 240,000 to inform the family planning committee break the law - the child is not the unlawful gains
The professor has children outside the state plan and is fined 240,000 to inform the family planning committee break the law - the child is not the unlawful gains
Associate professor of China Youth Political Science Academy department of law pillar Yang, because wife exceed have two babies and is discharged by the school, receive population and Family Planning Commission of Haidian District meanwhile ' Make and call the committee of family planning of Haidian District) More than 240,000 yuan opened " The social cost of maintenance " Penalty note, has brought administrative litigation to the court. The day before yesterday, this case held a hearing in the court of Haidian. 44 -year-old Yang's pillar is the associate professor of China Youth Political Science Academy. It will be December 21 2009, last one woman the he one wife at hospital,so before there is be one of daughters already, they are the punishment of having children outside the state plan. Will it be September 2010, Haidian District the intersection of family planning and committee make" social cost of maintenance impose the decision book " to them ,Determine, claim the intersection of pillar and Mr. and Mrs. Yang " bear the second children illegally " in the book ,According to the standards of per capita disposable income of 26738 yuan of urban residents of Beijing of 2009, 9 times are collected from them " The social cost of maintenance " 240642 yuan. Pillar Yang think, our country " population and birth control law " though the regulation " recommends a couple's bearing a child " ,The not regulation " Force a couple to bear a child " ,And does not all have in relevant laws and regulations " Bear illegally " This word. But the decision book of the committee of family planning of Haidian District asserts him " Bear illegally " ,Regard the child as " The unlawful gains " ,Will damage the child's basic human rights and dignity seriously. In addition, the family planning committee imposes " social cost of maintenance " from him Though there are bases on population and birth control law, have not included in the range of administrative penalty, so totally talk on the legal principle obstructedly. Because the child is after becoming the workforce, the contribution of paying taxes etc. which the society does that give, take greater than he usually ' She) There is no total of social welfare enjoyed while working. Because of reason these, pillar Yang think Haidian District the intersection of family planning and committee impose overth " social cost of maintenance " to him Apparent to lose the justice, ask the court to cancel this and collect the decision book in accordance with the law. Two Haidian District committee's agents of family planning appearing in court say, collects the implementing regulation according to the social cost of maintenance that this unit makes, consider the intersection of pillar and income state of Mr. and Mrs. Yang at the same time, already narrow the punishment range, and the intersection of pillar and Mr. and Mrs. Yang can apply to pay in 3 stages, they have not applied. So the decision book that the family planning committee makes is suitable to apply the laws and regulations correctly and asserting fact clearing, procedure is legal. They think reason of pillar Yang can prove that charge the social cost of maintenance to break the law, pillar Yang should go to look for the legislature or government of higher level to revise the rule. Pillar Yang say, last April, he is recorded a serious offence and discharged by China Youth Political Science Academy behind the front yard, it is still the state of retaining the job but suspend the salary at present, the income of 600 yuan of every month only has 81 yuan left after replenishing and deducting various expenses, can only be by earning some payments for an article or book written or resting on one's laurels to support the family. Because pay up and fine, register the permanent residence for child, nowadays two daughters of his have not settled yet, so his play on the blog calls daughter " Black the second child " ,And claim firmly " two daughters are that God grants the gift for me, I can't give up " . This case has not been pronounced in court. (reporter Wang QiuShi)


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