Ten years after the birth of his seventh child, In March 2019, Liu Xanhua, a farmer in Gongqiao Township, Anyiu County, Ziyang City, Sichuan Province, received the social Maintenance Fee Collection Decision issued by the local health Care Bureau (before the institutional reform, it was the Health care Bureau, and the following are all under the current name) : 718,080 yuan.
In the subsequent implementation process, the huge “fine” to the subject of the levy and the local health service faced an awkward dilemma.
“He does have a problem paying so much money, but he broke the law and we can’t afford not to deal with him.” On December 23, the head of the family planning office in Gongqiao township, Anyue County, expressed frustration to Jiemian News, saying that the case had been delayed for several years, and that three directors and one head of the family planning office had been punished as a result.
On August 28, 2020, the Health care Bureau of Anyue County applied to the People’s Court of Anyue County for compulsory execution. On September 1, the People’s Court of Anyue County ruled that the decision on the Collection of Social Maintenance Fees issued by the Anyue County Public Health Bureau was obviously wrong in the application of laws and regulations, and did not meet the requirements for compulsory execution stipulated by laws, and the compulsory execution was not allowed.
The above-mentioned person in charge of the family planning office of Gongqiao township disclosed that the Health bureau of Anyue County is considering making a new “social maintenance fee collection decision”, but whether the money can be collected in place, he is not sure.
Seven children in a row face punishment for having more than one child
The gongqiao town of Anyue County, where Liu Lived, is more than 50 kilometers away from the county seat, with inconvenient transportation. It is a typical agricultural town. In the past, the idea of “son preference” was prevalent in this area. From the 1990s to 2009, Liu fathered seven children in order to have a son. The couple did not stop until their seventh child, a boy, was born.
A friend of Liu told Jiemian.com that Liu and his wife had been working at home for many years, and had been unable to pay social maintenance fees due to poor economic conditions and the heavy burden of having children. In recent years, Liu Went out to open an excavator, the home economic conditions were slightly relaxed.
The responsible person of the arch bridge township family planning, to impose strict procedures of social support, the family planning workers also made investigation on Liu Mouhua, but he has been reluctant to cooperate, combined with local flood several times later, the township government flooded, relevant Liu Mouhua “additional” material is damaged, so delayed on Liu Mouhua social support.
In November 2018, the people’s government of Gongqiao Township, Anyue County, entrusted by the former Anyue County Health Care Bureau, initiated an investigation into the illegal birth of Liu And his wife. According to the investigation, Liu and his wife had their seventh child on April 21, 2009. On March 6, 2019, the Anyue County Public Health Bureau issued a notice on the collection of social maintenance fees for Liu and his wife, telling them that they would collect social maintenance fees for their illegal childbearing behavior, and informing them of their statement and right of defense.
On March 11, 2019, anyue WeiJian bureau according to the 2014 revision of the “sichuan province population and family planning byelaw” the first paragraph of article 42 of the first paragraph (5) to make the collection of social maintenance decision, a fee of 718080 yuan, on the person subjected to execution and told that their have the right to apply for administrative reconsideration and administrative litigation.
The person in charge of the family planning office of Gongqiao township has been to Liu’s home for many times. He said Liu’s oldest child has already married, but there are still several children in school. The youngest is in primary school. Liu has been working outside in recent years, claiming to run an excavator for others. His wife is a farmer at home and has difficulty in paying more than 700,000 yuan in a lump sum. On March 21, 2019, after Liu’s application, anyue County Health Bureau agreed to pay by installments.
But after the expiration of the first payment period, Liu Failed to pay again on schedule. On March 26, 2020, The Health bureau of Anyue County issued a notice of Social maintenance Payment reminder, informing Liu to pay the social maintenance fee of 70,80,80.00 yuan and the late fee of 1436.16 yuan in full before April 30, 2020. However, Liu failed to submit a plea or pay the fine on his own initiative.
The local government is considering a new expropriation decision
On May 8, 2020, the Health bureau of Anyue County applied to the People’s Court of Anyue County for compulsory execution of Liu and his wife, but the court found that the materials were incomplete and sent them back for supplement, according to the materials seen by Jiemian.com. On August 28, the Anyue County Health Bureau again applied to the court for compulsory execution, and then the court formed a collegial panel for examination.
On September 1, 2020, the People’s Court of Anyue County ruled that liu and his wife’s illegal child-bearing act occurred in 2009, and that the basis for collecting social maintenance fees at the time of the illegal act should be the Regulations of Sichuan Province on Population and Family Planning as amended in 2004.
However, anyue county’s health bureau took the administrative action of collecting social maintenance fees in 2019, based on the Sichuan Province’s Population and Family Planning Regulations, which were revised in 2014 and implemented for the sixth time in 2016. The court held that the family planning regulation on which anyue county’s health bureau based its decision in 2019 was repealed after the new revised regulation came into effect in 2016.
With the implementation of the two-child policy and the universal two-child policy, China’s population and family planning law and local family planning regulations have also been amended accordingly. Public information shows that on January 22, 2016, the standing Committee of the 12th Sichuan Provincial People’s Congress adopted the sixth amendment to the Regulations of Sichuan Province on Population and Family Planning.
“Illegal behavior occurs shall be applicable to the application for execution neither enforcement of laws and regulations, also did not apply the revised laws and regulations, and with reference to the Supreme People’s Court on the printing of < about the handling of administrative cases of the applicable legal norms symposium summary > notice about the old and new legal norms in the spirit of the rules for using the first (2), the new regulations shall apply to a decision of the person subjected to execution.” The ruling reads.
Finally, the court ruled that the decision on The Collection of Social Maintenance Fee made by anyue County Public Health Bureau was obviously wrong in the application of laws and regulations, which did not meet the compulsory execution conditions stipulated by laws. Accordingly, according to “law of the People’s Republic of China on Administrative Coercion” and other provisions, can not be implemented.
On December 23, a staff member in the office of anyue County Health Bureau told Jiemian News that the policy and regulations section of the bureau was responsible for the matter and suggested that it be responded to. Reporters repeatedly called the department telephone, no answer. Liu told Jiemian.com through his friend that all the children have been registered, and the public health Bureau has not responded to the request for payment.
The arch bridge township of the family said, anyue WeiJian bureau has been to the competent department for instructions, is considering a renewed Liu Mouhua and his wife to make a decision of the social support collection, “he pay expenses is difficult, but we have no other way, if our program implementation in place will also be higher accountability.”
Wu Youshui, a lawyer who has been concerned about the issue of social maintenance payments for a long time, analyzed the interface news and found that the people’s court of Anyue County had the right reasons to make the ruling that the enforcement of social maintenance payments could not be granted. Several cases of social maintenance payments he represented before were also ruled not to be implemented because the public Health Bureau made the decision to collect them on the basis of the revised and invalid regulations, which were ruled not to be implemented by the court.
But he said, according to the National People’s Congress standing committee li limitation on social support, social support tax not be governed by the provisions of the law on administrative punishments “illegal undetected in 2 years, no longer be given administrative punishment”, so if the local WeiJian bureau according to the latest revision of family planning regulations, to make a decision on social support to collect, the court may allow for enforcement.
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