Recently, a 67 year old woman in Zaozhuang City, Shandong Province, gave birth to a baby girl by caesarean section, which aroused social concern about whether she was born naturally and may face a fine for superbirth.
According to media reports, Tian xinju, a 67 year old woman in Zaozhuang City, Shandong Province, has changed her age for marriage. Her real age is 65. Before giving birth to the baby girl, Tian xinju and her 68 year old husband, Huang Weiping, had a pair of children, and her oldest granddaughter was 18 years old. Huang Weiping said that the couple had not considered the issue of the fine in advance. They believed that the upper limit of age (49 years old) managed by married women of childbearing age would not be subject to the family planning policy.
A number of population experts told the interface news that the current population and family planning law does not define the age, but considering that Huang Weiping and his wife are over 60 years old, they should not be fined due to the protection of the law on the protection of the rights and interests of the elderly.
According to the surging news report, on the afternoon of November 1, Huang Weipings staff of the community neighborhood committee called him and said, on the morning of the first day, the neighborhood committee held a family planning meeting to discuss the issue of his child addition, but it is not sure whether he needs to pay the fine or not. At present, there are not many cases of three extra births, and this matter is quite special, so we also hold a blessing mentality and make it clear. If there is any requirement from the superior department, we will also convey it in time.
According to the Beijing News, Huang Weiping said that on November 1, community workers had contacted him about the transfer of household registration, but did not say that he was fined for exceeding his birth rate. On the morning of November 3, interface news called Huang Weiping for many times to check. As of the time of publishing, no answer was received.
Huang Wenzheng, a senior researcher specially invited by CCG and co-founder of population and future website, believes that family planning is based on whether the two sides are married or not, and that old age is not a condition for exemption from fine. However, he pointed out that the situation of Huang Weiping and his wife is a case in point. The local government may give a green light to them, considering that they are too old and their income cannot be guaranteed.
According to Article 19 of the population and family planning regulations of Shandong Province (revised in 2016), the first and second children are registered free of charge, but there are six special circumstances, and children can be born again after approval: the couple has two children, and the children are identified as disabled children according to law, and they cant grow into normal labor force, and they are considered to be able to have children again in medicine; A couple who once suffered from infertility and adopted two children in accordance with the law and the wife became pregnant again; a remarried couple who already had two children and the other had no children or one child and had no children together after remarriage; a remarried couple who already had one child and the other had no children and had one child together after remarriage; a remarried couple who each had one child and remarried Having given birth to a child jointly; other circumstances recognized by the health and family planning administrative departments of the provincial peoples government.
From the content of the situations listed in the regulations, only the last one may apply to Huang Weiping and his wife, but relevant departments need to identify other situations.
Zaozhuang City Health Committee family planning guidance and family development section staff previously told the media that families who normally have three children will be fined according to the regulations. For Huang Weiping and his wife, to know their first two childrens information, we can determine whether they meet the requirements of the fine.
On the morning of November 3, the interface news called Zaozhuang municipal health and Health Commission, and the staff said, if the rules are violated, the fine is normal..
According to the regulations of Shandong Province on population and family planning, for citizens who do not meet the requirements to have children, according to the annual disposable income of urban residents or the annual net income of rural residents published in the statistical bulletin of the previous year by the local county (city, district) peoples government, for each additional child, social support fee shall be levied at three times of the specified base.
According to the interface news, Huang Weiping has retired from the local judicial department. Tian xinju was an employee of Zaozhuang maternal and child health care hospital before retiring, all of whom were public institution personnel.
Huang Kuangshi, deputy researcher of China population and development research center and demography doctor of Sociology Department of Peking University, told the interface news that although Huang Weiping and his wife violated the population and family planning law, the provincial health and Health Commission has certain discretion, this is the other case. He believes that since both Huang and his wife are over 60 years old, the provincial health and health commission can exempt them from punishment according to the law on the protection of the rights and interests of the elderly.
The old people mentioned in the current law on the protection of the rights and interests of the elderly refer to the citizens over the age of 60. The law stipulates that it is the common responsibility of the whole society to protect the legitimate rights and interests of the elderly; the state guarantees the basic life of the elderly through the basic endowment insurance system.
Wu Youshui, a lawyer of Zhejiang Bijian law firm and agent of several cases of super birth fines, told the interface news, the target of punishment is the elderly who have no production capacity. Their retirement income is issued by the social security fund, which belongs to the state property, and the social support fee collected by super birth is also owned by the state finance, which leads to legal contradictions.
Wu Youshui believes that even if Huang Weiping and his wife face a fine for over birth, the government must compensate them with the money, otherwise they will not be able to protect the lives of the elderly, which violates the original intention of the law on the protection of the rights and interests of the elderly.
Source: editor in charge of interface news: Zhou Xinyi, nb12002