Research On The Reservation And Abolition Of The System Of Collecting Social Compensation Fees For Non-marital Childbearing

With the development of our society and the diversification of ideology,in the way of giving birth to future generations,there are increasing numbers of groups choosing out-of-marital childbirth models that are quite different from mainstream family childbirth.However,the administrative management system that matches this phenomenon has not been able to follow its pace closely.Irrespective of the number of children exceeds the fertility standard or not,non-marital childbearing is still classified as "illegal childbirth" by most provinces in our country.As a result,children born out of wedlock are subject to more institutional constraints from the moment they are born.After the General Office of the State Council issued the "Opinions on Resolving the Issue of Registered Household Registration for Persons without Household Registration" in 2016,the problem of difficulty in registering household registration for children born out of wedlock has basically been resolved.At present,the most prominent dilemma faced by the subjects of non-marital childbirth and their children is the issue of the social compensation fees collection system.First of all,our country’s law does not define non-marital childbirth at the normative level.After sorting out the regulations on the social compensation fees collection system in 31 provinces in our country,from the classification method of expropriation objects,it is determined that non-marital births are the behaviors of “Unregistered marriage” and “non-married couple” births.On this basis,combining the purpose of family planning and the requirements of demographic changes to discuss issues such as the subject of the exercise of reproductive rights,the due relationship between legitimate and illegitimate children,and whether “non-conforming” procedures can affect the purpose of family planning to analyze the rationality of apply the system to non-marital childbirth continuously.Third,from the controversy over the nature of collection,although our law denies that this collection is an administrative punishment,as administrative fees collection,it will also cause substantial property damage to the non-marital childbirth group.Thus,in order to avoid the property damage will affect the material foundation needed for a child’s growth,we should explore whether the system is necessary to continue to apply to non-marital births in the way of combining the changes in the country’s population structure and the spirit of fair treatment of children born out of wedlock as stipulated in the new "Civil Code".Finally,it is concluded that due to the recognition of citizens’ individual qualifications as subjects of childbearing,Children born out of the peoples of non-marital do not affect the coordination of resources in various fields and the purpose of family planning.Therefore,the regulation of the reproductive behaviors “do not meet” procedural regulations of marriage registration must pay social compensation fees should be removed,to achieve the equality of interests and status between the subjects born in and out of wedlock and their children.Based on this conclusion,the paper puts forward some theoretical and normative suggestions to supplement to improve the equality relationship between marital childbearing and non-marital childbearing.