Media commented on Jiangxis recovery of the second child fine: no need to keep the old yellow calendar.

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 Media commented on Jiangxis recovery of the second child fine: no need to keep the old yellow calendar.


A few days ago, some netizens reported on their microblogs that Wuyuan, Jiangxi Province, had paid a fine for the second child in 2015, claiming that they disregarded the overall situation of the policy. This has aroused widespread concern. On September 14, Wuyuan County Health Planning Commission issued a reply entitled Jiang Yongliang Network Reflects Wuyuan County Health Planning Commission Should not levy social maintenance fees on the official microblog of Wuyuan Issue, saying that the recovery behavior conforms to the law.

This has become popular among micro-blog.

In the incident, the couple Jiang Yongliang gave birth to a second child in December 2015. Although the Fifth Plenary Session of the eighteenth Central Committee in October of that year had decided to liberalize the second child in an all-round way, at that time, the family planning regulations had not been amended and the comprehensive second child had not yet landed, so it was still an out-of-family planning.

However, on January 20, 2016, the Standing Committee of the Jiangxi Provincial Peoples Congress revised the Jiangxi Provincial Population and Family Planning Regulations to see that Jiang Yongliangs couples behavior of giving birth to two children is in line with the new regulations, but some time ahead of schedule, similar to the nature of the snatch birth of two children.

Local Planning Commission responded

In March last year, I published an article in the Beijing news that two lives should be punished. That no punishment is consistent with the spirit of the law, but also reasonable.

From a legal point of view, Article 93 of the Legislative Law stipulates that laws and regulations do not go back to the past, except for special provisions made in order to better protect the rights and interests of citizens, legal persons and other organizations, which is the principle of advantageous retroactivity. There is another principle in dealing with all kinds of legal problems in our country, which is from the old to the light (not only applicable to criminal law).

The principle of favorable retroactivity and from old to light also conform to the previous statement made by the State Health Planning Commission. Yang Wenzhuang, director of the grassroots guidance department of the State Health Planning Commission, said in January that three principles should be followed in solving the problem: first, the law does not go back to the past, secondly, from the old and from the light, and thirdly, it is in favor of the principle of the parties, in the process of policy adjustment, there are already laws. To connect the problem, we must maintain the stability of our work and safeguard the interests of the masses.

Secondly, the exemption is reasonable and more consistent with the original intention of the comprehensive two child policy. The liberalization of the second child in an all-round way is a policy aimed at the new population situation, such as low fertility and rapid aging. From the point of view of the time, the birth of the second child is conducive to improving the population structure. Judging the two child behavior at that time, we should uphold the todays perspective rather than yesterdays perspective.

At present, whether the central government explicitly proposed to build a family development support system including medical care, kindergarten, education, taxation, or the National Health and Health Commission to abolish the family planning related departments, the directivity is obvious. In this context, the implementation of the comprehensive two-child policy for couples who have had two children before birth, without punishment, is a good deed for the benefit of the country and the people. Given that many couples of child-bearing age are reluctant and afraid to have two children, it is necessary to release similar goodwill. It is noteworthy that, after the implementation of the comprehensive two-child policy, the Henan Provincial Peoples Congress Law and Industry Committee said in a letter on January 13, 2017, for cases where the decision to levy social maintenance fees has not yet been made in accordance with the provisions of the time, it should be dealt with in accordance with the revised laws and regulations... If the decision to levy the social support fee according to the provisions at that time has not yet been implemented, the social support fee shall no longer be levied if the second child is born. This is also appropriate because of time. Keeping the old calendar is not as good as looking at the scenery. At the moment, I still want to recover two child maintenance fees, which is really unnecessary. The source of this article: He Yafu, editor in chief of Beijing News: Ji Guo Jie _NBJ11143

At present, whether the central government explicitly proposed to build a family development support system including medical care, kindergarten, education, taxation, or the National Health and Health Commission to abolish the family planning related departments, the directivity is obvious. In this context, the implementation of the comprehensive two-child policy for couples who have had two children before birth, without punishment, is a good deed for the benefit of the country and the people. Given that many couples of child-bearing age are reluctant and afraid to have two children, it is necessary to release similar goodwill.

It is noteworthy that, after the implementation of the comprehensive two-child policy, the Henan Provincial Peoples Congress Law and Industry Committee said in a letter on January 13, 2017, for cases where the decision to levy social maintenance fees has not yet been made in accordance with the provisions of the time, it should be dealt with in accordance with the revised laws and regulations... If the decision to levy the social support fee according to the provisions at that time has not yet been implemented, the social support fee shall no longer be levied if the second child is born. This is also appropriate because of time.

Keeping the old calendar is not as good as looking at the scenery. At the moment, I still want to recover two child maintenance fees, which is really unnecessary.