Research On The Legal Nature Of Social Maintenance Fees

With the adjustment of the national birth policy,the scope and standards of the collection of social maintenance fees have also changed.How to define the legal nature of social maintenance fees has always been an unavoidable issue.On the one hand,social maintenance fees set a high collection standard,and families who are obliged to pay social maintenance fees in violation of childbearing regulations therefore have to spend several times the annual income of the family,thus showing very severe punitive characteristics;Official documents characterize the collection of social support payments as a compensatory administrative charge.These two reasons have led to major differences in the definition of the nature of the academic and practical circles.The definition of the attribute of social support should mainly be carried out from three aspects.The first is the clear positioning of the legal attributes of social support payments in the existing literature.It mainly analyzes the social maintenance from an official document,legal norms and judicial practice,etc.It is an administrative fee rather than an administrative penalty.Secondly,from the point of view of the characteristics of social support,social support is currently controversial with two main characteristics of punishment and compensation.Administrative punishment theorists believe that the act of giving birth in violation of the birth regulations is an illegal act.In order to maintain the legal order of birth,the collection of social maintenance fees must be punitive and mandatory.However,the administrative charge theory believes that family planning obligations are advocacy obligations and are not mandatory.But in fact,the collection of social maintenance fees is more like a kind of administrative fees under the "command-control".Third,from the perspective of the protection of the rights of administrative counterparts,the definition of social maintenance fees as administrative fees can also achieve this function,without the need to characterize social maintenance fees in accordance with administrative penalties,so that the rights protection mechanism for administrative penalties applies.Finally,considering comprehensively,it is reasonable to define socialmaintenance as a kind of regulatory administrative fee.This definition better combines punitive features with the administrative fee management system to meet the need for future policy adjustments in the collection of social maintenance fees,and briefly discussed the legality control of social maintenance fees.