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Interface journalist lawyer Wu from Zhejiang bi water unit, scheduled on 27th by the Zhejiang higher people's Court retrial of two "grab" cases of child recruitment social maintenance fee be canceled trial, as being "time conflict".
After both lost in the second instance, two "grab" two foetuses are complaints to Zhejiang high social support. Not long ago, Zhejiang High Court retrial, scheduled hearing date of October 27. Lawyer Wu Youshui in the case, said the Zhejiang High Court's ruling is the first time in the country, or will change in Zhejiang Province and the country, "Rob" the couple's fate.
Two cases dating back to the end of 2013, "two children alone" policy introduced.
On November 12, 2013, 18 adopted at the third plenary session of the CPC Central Committee on several major issues of deepening reform decision (hereinafter the decision), which referred to "launch party is the couples two children of one-child policy". On December 28, the 12 session of the sixth meeting of the NPC examined and adopted a resolution on adjusting and perfecting family planning policy, the resolution requires all provinces, autonomous regions and municipalities directly under the national people's Congress or its Standing Committee with local conditions, modify the local regulations or provisions in a timely manner.
Shortly thereafter, changes across the family planning policy, the implementation of "two children alone," the new deal. Collection of social maintenance fees associated with this problem sparked controversy: If "stand-alone" couples in the decision issued a second child in a previous incarnation, but after the promulgation of the decision had not yet been imposed social maintenance fees, do you want to impose? If the "alone" after the second child was born in the national policy, local ordinances before modifying collection of social maintenance fees?
In this regard, the national health and family planning Committee in June 2014, to finance the new reporters, State Health Planning Commission has issued a guide around the waiting period to grab a single-child families on this policy "does not do, in principle the substantive processing", but which "for reference only".
Obviously, Zhejiang Province has not adopted it.
January 18, 2014, Zhejiang Provincial Government held province population and family planning led Group Conference, clear in January 17 Qian "separate" couples illegal birth child, while social raised fee levy decided book has served of, decided continues to effective; for previously illegal birth of "separate" couples, and levy decided book no served of, meet conditions of need in June 30 zhiqian replacement procedures, related sector will "special thing special do".
However, on February 25, 2014, Zhejiang Province issued by the Planning Commission on the further implementation of the individual two-child policy letters on specific policy issues, but provided before January 17, 2014 "stand-alone" couples are not eligible to have a second child, illegal reproduction, should be imposed by law on social care charges. The letter does not distinguish between social maintenance fee collection, removed the "special matter."
Thus, many "stand-alone" conditions of the family, born before January 17, 2014, was classed as "illegal births" category.
Surging, according to news reports, Zhang Rongzhen, Li Shanxia and his wife in July 2012, gave birth to a second child, but had not yet received the written decision on the collection of social maintenance fees. On July 11, 2014, yuhuan, Taizhou city, Zhejiang Province, population and family planning Bureau issued a written decision on the collection of social maintenance fees, collection of social maintenance fee of about 130,000 yuan.
Chen Yangguo on January 13, 2014, Xu Shanshan couple gave birth to a second child, on September 8, luqiao district, Taizhou city, Zhejiang Province, the population and family planning Bureau Chen Yangguo, Xu Shanshan and his wife issued a written decision on the collection of social maintenance fees, collection of social maintenance fee 79020 Yuan.
In this regard, the two couples are appeal take local family planning departments to court, but the second instance will lost. The Court found that the reproductive behavior of the two cases in Zhejiang Province "alone" before the two-child policy, should be seen as an unplanned childbearing, family planning departments to make decisions of social support is legitimate.
This result has a legal experts believe that administrative acts must be based on the existing laws and regulations, repeal laws and regulations shall not be invoked again applied, therefore, is imposed by the local family planning departments conduct error of law.
In fact, in Zhejiang Province, Anhui Province next door, this couple has a different fate in such cases. Anhui Province provides, if "separate" child in policy transition period within, that November 12, 2013 to January 23, 2014 Anhui Province modified family planning Ordinance Zhijian was born, "separate" family just by provides replacement birth card can; if "separate" child is in decided announced zhiqian that November 12, 2013 zhiqian was born, on this "violations" yet processing who, take from old and lighter of principles, if applies new family planning Ordinance light Yu original Ordinance, is can applies new Ordinance. Suzhou University exposed infighting Professor
For the second instance of losing two to "grab" couples are still not a convincing argument. Then they continued complaints to Zhejiang High Court. Zhejiang High Court on August 10, 2015, on September 17 the two cases the appeals ruling. Ruled that thought, the party's application complies with the People's Republic of China administrative litigation law of the relevant provisions, will be conducted by Zhejiang High Court retrial. Terminates execution of the original judgment during the retrial.
The retrial is of great significance, Wu pointed out in an interview with water: "heard by the High Court authority higher, if the case is won, following other similar cases is directly liable. "
However, on the eve of the retrial, and two cases were suddenly suspended trial at short notice. Interface to reporters in 26th, at 10 o'clock in the morning and at 20 o'clock at the Zhejiang public online confirm that can see the hearing notice of the Court, two cases of the 27th 9:00 and 2:15 in the 7th Zhejiang High Court Court. However, lawyer Wu Youshui says on 26th morning call notification deadline read 7th 8th Court of the trial court, after about 10 minutes, calls to inform its 27th again suspended due to "conflicts".
At present, the Eagle sword retrial of the two cases and what is going to happen, "time conflict". News will continue to focus on the interface.
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