according to the relevant authority
Ouyang newspaper intern reporter Wang Yijun Luo Sha
Xuzhou, Jiangsu Province,http://www.fu.is.saga-u.ac.jp, the public prosecution of the local family planning executive Anna's case, hearing this morning in Xuzhou City Quanshanqu People's Court. Quanshanqu Family Planning Bureau Director as the legal representative of the accused, together with two lawyers appear in court, the trial from 9:30 start and continued until 13:30 the end,nike tn, the court will choose sentencing.
"It is because the defendant Xuzhou Quanshanqu Family Planning Bureau to meet the political department issued a plaintiff to prove a violation of family planning policy, which leads to." To provide legal assistance to Anna Peking University Women's Legal Research and Service Center in accepting Chinese lawyer Zhang Weiwei Youth Daily reporter a telephone interview that, according to "People's Republic of China Marriage Law" (hereinafter referred to as "marriage" - Reporters note) and "Supreme Court interpretation of the applicable
A piece of paper to prove cause unacceptable Zhengshen
After this first event causes infertility marriage who were civil servants refused to record, to say the plot is actually very simple. Last year,louboutin scarpe, the end of February, Anna worked as a lawyer for many years participated in the civil service examination in 2009, Jiangsu Province, apply the unit is in Xuzhou City Tongshan County People's Procuratorate,abercrombie outlet italia, after a written test and interview, physical examination by Anna in early June,http://suzumehamaguri.seesaa.net, late into the political examination.
July 21, the proposed list of Xuzhou Municipal Organization Department hired public law review system, Anna is one of them. In the afternoon the same day,parajumpers homme, two staff members responsible for Anna husband came to meet the political institutions, the letter advised to report to report their marital relationship is not normal, to explain the situation. Anna's husband has always been a person to produce a marriage certificate, child certificate. They see the documents from Anna couple February 19, 2009 birth of a son, on May 7, registration of marriage,hogan 2014, a marriage certificate is after childbirth collar, immediately expressed suspicion of violation of family planning.
Child certificate issuing authority - Quanshanqu Family Planning Bureau recognized the fact educating one child, and should meet the political requirements of staff issued a marriage and child rearing, Anna finds that after registration of Mr. sterile couples violated the "Jiangsu Province Population and Family Planning Regulations "Section 21," both men and women have not been registered according to the law of marriage and birth, and to the birth of a child. "
July 2009, Tongshan County Organization Department notice in writing Anna: for violation of family planning policy, meet the political failure, not hired.
In October, Anna to Yunlong District People's Court of Xuzhou Municipal Personnel Bureau,http://www.abzalov.ru, called for the repeal of Xuzhou City Personnel cancel Anna civil administrative action admission qualifications. The court held that the trial for not hired after not made a decision,http://home.att.ne.jp/wind/pal9000/cgi-bin/yybbs.cgi, Xuzhou Municipal Personnel Bureau,http://www.vegeta.jp/cgi-bin/recipe/noahbbs.cgi, then ruled inadmissible. Anna refuses to accept the appeal, the second instance court upheld the first instance ruling.
In desperation, Anna will Quanshanqu Family Planning Bureau to court.
Zhang Weiwei told the China Youth Daily reporter, after Xuzhou City People's Court accepted the case Quanshanqu,hogan donna, Anna submit a written application to the court, requesting additional Xuzhou Municipal Organization Department of the CPC, Tongshan County Organization Department and Tongshan County People's Procuratorate for the third person, Today before the hearing, the court has not responded. Today,air max tn requin, the trial judge told the court that Anna's Full Court does not approve the application.
The beginning of the trial,http://fsboteaneck.com, the attorney made Quanshanqu Family Planning Bureau, Family Planning Bureau issued marriage and child rearing, "Anna violation of family planning policy", belong to should meet the political department - Tongshan County Organization Department require proof issued, does not belong to a specific administrative behavior, does not have the justiciability, requested the court to dismiss the plaintiff's prosecution.
In this regard, Zhang Weiwei proposed Quanshanqu Family Planning Bureau is an administrative act certifying confirm that this behavior is affected by the scope of administrative litigation cases.
In response to this argument of both the original defendant, the Full Court adjourned for five minutes after the decision, Anna's prosecution in line with the relevant provisions of the Administrative Procedure Law, the court will continue to hear.
"Marriage" How to interface with local planning regulations to trial focus
According to Zhang Weiwei introduced judge Anna "Mr. child marriage license" behavior is a violation of the one-child policy,moncler outlet, which law should apply, etc., become the focus of the trial today.
Peking University Law School Women's Law Studies and Legal Services Center has been concerned about the case, and in December 2009 invited the Chinese People's University Law School professor Dawen Yang (Prof.), Peking University Law School Professor Wang Lei Ma Yi-South research the case, the three experts on the facts of the case identification and application of law and other issues to reach a consensus that the couple's fertility behavior Anna fertility within marriage, not a nonmarital birth.
China's "Marriage Law" Article 8: Not for marriage registration, should go through the registration. At the same time, "explained the Marriage Issues" states: both men and women go through when the effectiveness of marriage registration, marriage relationship from both sides in line with the Marriage of the substantive elements of marriage in accordance with the provisions of the Marriage date Article 8.
According to these provisions,louboutin femme pas cher, Dawen Yang (Prof.) believes that Anna couples wedding in April 2008, May 2009 marriage registration. When the wedding, the two sides are in line with the substance of the elements of marriage in the Marriage Law, the Department of voluntary marriage parties, and have reached the legal age of marriage, and no evidence that they have a case to prohibit marriage. Therefore, its effect can be traced back at the marriage registration weddings to April 2008. They February 2009 birth the child's behavior is entirely first married and, in line with relevant laws and regulations in China.
Vice president of China Law Marriage Law Research Ma Yinan this view agree. She believes that "interpretation of the Marriage Law Issues," in line with the provisions of Section 4 of the legislative intent of the Marriage Law, and scholars theoretical interpretation is consistent with the legislative purpose.
Ma Yinan think, even from the "legitimate children" identity thrust reversers, can also prove the existence of a legitimate marriage couple Anna. In real life, even if one of both parents in the absence of marriage registration birth to a child, but then the registration of marriage, the birth of a child before marriage then of course be regarded as "legitimate children", children get "legitimate child" status under the premise is the existence of a legitimate parents' marriage,moncler outlet, the laws of many countries, such a requirement is not to mention Anna has made child certificate.
This morning's court session, Zhang Weiwei repeatedly told the court, according to the Family Planning Bureau Quanshanqu "Jiangsu Provincial Population and Family Planning Regulations" on page 21 of "both men and women have not been registered according to the law of marriage and birth, and to the birth of a child "requirement that Wang Yingsheng children in front, for marriage registration in the post, does not belong to the body can be a legitimate child's birth, that the council did not fully understand China's" marriage "and the Supreme People's relevant judicial interpretations of the provisions relating to marriage set up conditions .
Zhang Weiwei also suggested that even under the provisions of Article 21, "Jiangsu Province Population and Family Planning Regulations", from a legal perspective, this is a right of the provision is not mandatory requirements. That is,chaussures nike pas cher, after the registration of marriage have not given birth, the right to bear a child, not only after the registration of marriage in order to give birth. "The right to freely dispose of, Quanshanqu Family Planning Bureau rights as a duty, and even became prohibitive duties are applicable legal error."
Quanshanqu Family Planning Bureau's attorney insisted that the case is an administrative action, can not be applied "Marriage" and the Supreme Court's judicial interpretation, Jiangsu Province,hogan outlet, is only applicable local laws and regulations.
At the seminar in December 2009, the condition of anonymity, said the leadership of the relevant departments, the specific provisions of the country of birth control policy, all in accordance with relevant local laws and regulations enacted after the marriage legally registered before birth is around of a universal requirement.
She pointed out that China's "Population and Family Planning Law" stipulates that citizens have reproductive rights,louis vuitton borse, but also obligations to family planning. China's "Constitution" Article 49 also stipulates that both spouses have the duty to practice family planning. Visible, reproductive rights is a legitimate exercise of the body registered couples. From the legislative intent of the birth control policy and regulations look around, get married and then give birth is a restriction on the exercise of reproductive rights. But she also believes that the existence of such a huge difference of opinion on the law applicable to the case of Anna problems, mainly related to how to correctly understand and apply "Population and Family Planning Law", "Marriage" and the question of how the two converge.
According to the reporter, Anna on November 25,hogan sito ufficiale, 2009 to apply for Quanshanqu Jiangsu Province People's Court drew the NPC "Jiangsu Provincial Population and Family Planning Regulations" to legislative interpretation. In this regard, the Court has no answer.
"Careful analysis of legislative intent of each local family planning regulations, seem to be opposed to unmarried childbearing, but the" Population and Family Planning Law ",nike tn pas cher, does not specify that only married people just enjoy reproductive rights. Legislature, the State Family Planning Commission also have not made this clear explanation,chaussures nike tn, how can ordinary people understand? court in such cases, how to interpret the subject of reproductive rights? "Ma Yinan that when state law is not very clear, the Court should stand vulnerable position made in favor of one interpretation of citizens, that help to achieve justice and harmony.
Marriage birth and other personal affair whether to limit the scope of public officials hiring
Zhang Weiwei in the trial suggested that the fertility of marriage should not be a citizen of the fundamental civil service recruitment standards. China's "Civil Law" Article 24 clearly defines the three cases should not be employed as civil servants, including but had received criminal punishment of crime, was expelled from office, and there are legal provisions shall not be employed as civil servants in other circumstances.
Administrative Law, Peking University Professor Wang Lei believes the Constitution, the provisions of the third part of the legal retention requirements, only the NPC and the NPC Standing Committee to an explanation of any rank below the legal validity of the regulations or normative documents are not entitled .
Wang Lei believes that unmarried first sterile itself is not illegal, because the intention of planning laws and policies is to ensure that the principles of the previous couple had only one child, Anna did not violate this principle, and therefore did not violate policy shift substantially; secondly, Even Anna violated the family planning policy, nor is it one of the three cases not to hire the "Civil Law" provisions, Anna violation of just the traditional concept of the people,nike requin tn pas cher,http://www.axiabridge.com/sunbbs/sunbbs.cgi?mode=form&no=11&page=Lastseasonwhowas/urloi, not the law.
In this regard,moncler donna outlet, Professor Yang Dawen that the current regulations do not specify a law did not apply for registration of birth shall not be employed as civil servants. Tongshan County developed its own specific provisions are just red tape places, does not belong to regulations, but not the law.
December 18, 2009, to Anna's case, Peking University Law School Women's Law Studies and Legal Services Center to the National Population and Family Planning Commission, the Supreme People's Research Center, Jiangsu Province Population and Family Planning Commission, Xuzhou Quanshanqu People Court administrative tribunals and other 16 departments sent a proposal relating to the experts.
The proposal suggested recruiting civil servants shall apply the relevant provisions of "People's Republic of China civil law". Anna couples fertility behavior does not violate substantive requirements of family planning policy. About "nonmarital birth" behavior, citizens should be made favorable interpretation. Anna finds proof of the couple's fertility behavior illegal,chaussures louboutin pas cher, can not serve as a basis for refusing to hire. Administrative acts of the executive authorities should follow the principle of good faith.
June 2009, Anna gave Quanshanqu Family Planning Bureau sent a child certificate for Anna's marital status, child certificate conditions were examined. In response, Ma Yinan that "she was the only child policy in order to comply with the certification. Certification conduct a national credibility, so the local Family Planning Bureau is no good reason not to overthrow it arbitrarily, which involves credit problems of government agencies."
Dawen Yang (Prof.) also believes that the payment of child certificate recognized by the health department showed that married Anna reproductive behavior throughout the period. Then issue a certificate relating to unmarried childbearing, contrary to the principles of trust protection.
By the end of 2009, Peking University Law School Women's Legal Research and Service Center received a reply letter Xuzhou Municipal Personnel Bureau,http://ohh.sisos.co.jp/cgi-bin/openhh/search.cgi, said in accordance with the "Jiangsu Province in 2009 civil service examination plan", Anna apply the Tongshan County People's Procuratorate posts shall Xuzhou Municipal Organization Department approval, according to the relevant authority,hogan 2014, this proposal forwarded Xuzhou Municipal Organization Department.
Beijing, February 4 electric
