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Law Analyzing about the Collection of Social Maintenance Fees

Author: ZhangXiaoZhou
Tutor: WeiQiong
School: East China University of Political Science
Course: Legal
Keywords: avoiding collection of social maintenance fees law analyzing
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 206
Quote: 0
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Abstract


Litigant’s act of avoiding of high level social maintenance fees refers that in the relation of social maintenance fees law, for the purports of having less charge or even no charge, litigant choose not to live in the registered address or immigrate to other area to give birth at the area where the social maintenance fees is lower. Litigant may also initiative pay the social maintenance fees in lower payment area before their illegal giving birth is discovered. Thus, litigant avoids the relative law or legal responsibility.This article aims to analyze the facts of litigant’s act of avoiding of high level social maintenance fees as well as its reasons, to show its influence on both population and family planning, and the necessarily of solving this problem. The article also provides four possible ways to solve the matter. They are Paying balance of high level fees, Paying according to the registered area, Paying according to residential area, and Negotiation paying. Moreover, the paper analyzes from the aspects of legislative suggestion to give references to decision maker.The article consists of three chapters. The first chapter is the acts and the reason analyzing of litigant’s act of avoiding of high level social maintenance fees. This chapter defines the actions of litigant’s act of avoiding of high level social maintenance fees, concludes that those acts are effective, and lists the main forms of litigant’s act of avoiding of high level social maintenance fees. Form the aspect of shortcomings of regulating the collection of social maintenance fees, it analyzes the reason as well as the influence of litigant’s act of avoiding of high level social maintenance fees.The second chapter is the general statement of regulating the collection of social maintenance fees, including basic theory for collecting social maintenance fees. It also analyses the constructions and feathers of litigant’s act of avoiding of high level social maintenance fees. The third chapter is the main thoughts on solving the litigant’s act of avoiding of high level social maintenance fees, which is the highlight of the article. Although the litigant’s act of avoiding of high level social maintenance fees is legal and effective, it lowers the seriousness as well as the authority of the law on population and family planning, messes the management of population and family planning, and brings negative image to the work of population and family planning, thus, must be solved. On the basic of the former two chapters, the article tries to provides four possible ways to solve the litigant’s act of avoiding of high level social maintenance fees and give analysis of their advantages and disadvantages. The writer supports the principle of Paying according to the registered area. Moreover, by bettering legislation of social maintenance fees, reinforcing the law, strengthening supervision, guarantee and remedy to solve the litigant’s act of avoiding of high level social maintenance fees

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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