Research On The Legal Collection System Of Social Maintenance Fees From The Perspective Of Administrative Law

In family planning period,the legal system of social support to impose as ensure the smooth implementation of the important basic national policy of family planning system,the legal science or social science,have attracted much attention.In recent years,as China's family planning policy of gradually opening,especially on January 1,2016 our country formally implemented comprehensive two child policy,There is a growing controversy about the legal system of social maintenance.So study social support system of expropriation and the evolution of the legal system,property and the problems existing in the operation process and put forward reasonable legislative proposals,to further improve the legal system of form a complete set of family planning in China,and meet the demand of economic and social development has important theoretical and practical significance.Jiangxi province is an economically backward province in east China.Compared with other provinces in the country,the problem of legal system in the operation of social maintenance fees is typical.In terms of social maintenance fee collection,there is a wide range of problems,such as excessive scope,strong rigidity and single law enforcement.In terms of management,there are some problems such as the unreality of the number of births in the country,the failure to impose social maintenance fees standard and the management of social maintenance.The existence of these problems has caused the social sectors to have a low recognition of the operation effect of the system of social maintenance,which has even brought a great negative impact on the family planning policy.First of all,this paper expounds the historical evolution of the legal system of social maintenance.The legal system of social maintenance fee was combed through the four stages,such as excessive fines,unplanned growth rate,separate two-child policy,and full two-child policy.By discussing different stages of legislation,the paper reveals the substantive cognition process of the legislator at different stages.At the same time,the paper narrates the laws related to the subject,object,procedure and collection standard of social maintenance fee ? Secondly,The article discusses the differences between the legal experts and scholars on the legal nature of the legal nature from the perspective of administrative penalty,administrative fee and the contract penalty.Finally,taking jiangxi province as an example,this paper points outthe problems existing in the practice operation of social maintenance fee,and proposes some legislative proposals to improve the management of social support fee collection from four aspects,such as determining the subject,strengthening the collection object,the unified collection standard and the standard collection procedure.