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Law Thinking About The Collection Of Social Maintenance Fees

Posted on:2016-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:C LiFull Text:PDF
GTID:2296330473956465Subject:Law
Abstract/Summary:PDF Full Text Request
Social support as an important system, implement the family planning policy in China has been one of the focus of legal science and the social community. At the same time, the system of social support also extremely social controversy, mixed reviews. Examine the evolution of social support appellation, clear the legal nature of social support, analysis the rationality of the compensation fee or not, know laws and regulations and the present situation of social support, social support research problems and countermeasures of collection and management, reflect the social support system of the overall for timely change China’s family planning policy, has a great significance.First of all, this paper traces the evolution of the name of the social support process: from the initial general penalty to chargeson breaking, the last name in the form of legal support for the society. The change of the name of the social support through seemingly form change, actually behind lawmakers understanding of its essence and the change of the idea about themselves.Secondly, this paper analyzes the legal nature of social support. The legal nature of social support has long been controversial, mainly include the "administrative punishment" and "administrative charge said" two views. This text set about from the analysis of the two kinds of claims, each a trade-off, it is concluded that social support is the conclusion of administrative fees in the nature of punishment.Again, in this paper, the rationality of social support were analyzed, respectively, this paper expounds the support and question the point of view. Support the reason mainly has:1, conforms to our country present stage of the basic national conditions, and the basic state policy of family planning; 2, as a legal system itself has the legality and legitimacy. Questioning the reasons are mainly the conflict between social support and reproductive rights and property rights. Through comparative analysis, the author concluded that the history of the social support is a specific historical period product positioning.Multiple times, is described in the paper about social support of the operation situation of the system, respectively from the legislation, the collection objects, the collection standard, procedure and so on four aspects to introduce. In the process of research status quo, to find and summarizes the problems existing in the operation of the system, main show is too much discretion, levy management opaque, relief is not clear, and there are various circumvention, etc.Finally, in view of the above summary of the problems in the system of social support to impose run, respectively, puts forward the targeted countermeasures and Suggestions:1, refactoring to impose standards, limit the discretion; 2, standardize the management and use, strengthen the information disclosure; 3, the optimization procedure, formulate reasonable relief mechanism; 4, various initiatives to reduce avoidance.
Keywords/Search Tags:family planning, the Collection of Social Maintenance Fees, law thinking
PDF Full Text Request
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