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Our reporter Wang Yijun intern Luo Ouyang sand Xuzhou, Jiangsu Province, Wang Ying citizens to sue the local family planning administrative organ case, the hearing this morning in Xuzhou City Quanshanqu People's Court. Quanshanqu Family Planning Bureau Director as the legal representative of the accused, together with the two lawyers appear in court, the trial started from 9:30 and continued until 13:30 the end, the court will choose sentencing. "It is because the defendant Xuzhou Quanshanqu Family Planning Bureau to meet the political authorities with a certificate to the plaintiff in violation of family planning policy, which leads to the plaintiffs could not be admitted to the civil service." Legal Research,http://store.shopping.yahoo.co.jp/menscasual/denim-31-menscasual.html, Peking University School of Law to provide legal assistance to women with Anna services lawyer Zhang Weiwei in an interview with China Youth Daily reporter telephone interview that, according to "People's Republic of China Marriage Law" (hereinafter referred to as the "Marriage Law" - reporters note) and "Supreme Court interpretation of the applicable <People's Republic of China Marriage Law> issues (a) "(hereinafter referred to as the" marriage Law interpretation of a number of issues "- Reporters note), Mr. plaintiff marriage license after the child's behavior does not belong to unmarried first sterile. Therefore, "the defendant's conduct is illegal administration." A piece of paper to prove cause not qualified After this event the cause of infertility first marriage who were civil servants refused to record, to say the plot is actually very simple. Last year, the end of February,piumini woolrich sito ufficiale, Anna worked as a lawyer for many years participated in the Jiangsu Province in 2009 civil service exam, candidates units of Xuzhou Tongshan County People's Procuratorate, after a written examination and interview, physical examination by Anna in early June, late into the political examination. July 21, to be hired publicity list of Xuzhou Municipal Organization Department of the law review system, Anna is one of them. In the afternoon the same day, two staff members responsible for Zhengshen husband came Anna unit, advised complaint letters 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 from the documents Anna Couple February 19, 2009 birth of a son, on May 7, registration of marriage, a marriage certificate is after birth collar, immediately expressed suspicion of violation of family planning. Child certificate issuing authority - Quanshanqu Family Planning Bureau recognized the fact that Wang Yingsheng education only child, and shall meet the political requirements of staff issued a marriage and child rearing, Anna finds that after registration Couple Mr. education, in violation of the "Jiangsu Province population and Family Planning regulations "Article 21," both men and women have not been registered according to the law of marriage and birth, you can have only one child. " July 2009, Tongshan County Organization Department notice in writing to Anna: for violating family planning policy,http://jssts.jp, not qualified, not hired. In October,http://mellorin.com, Anna to Yunlong District People's Court of Xuzhou Municipal Personnel Bureau, called for the repeal of Xuzhou City Personnel cancel Anna civil service administrative behavior admission qualifications. The court held that the trial for not hiring after Wang Yingzheng, Xuzhou Municipal Personnel Bureau decided not made, then ruled inadmissible. Anna refused 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 Quanshanqu People's Court accepted the case, Anna presented to the court a written application, a request for additional Xuzhou Municipal Committee of CPC Organization Department, the Organization Department of Tongshan County Tongshan County People's Procuratorate and the third person, today before the hearing, the court has not responded. Today, the trial judge told the court that Anna's Full Court does not approve the application. The trial started,http://www.als-net.com/cgi-bin/keijiban/als-keijiban.cgi, Quanshanqu Family Planning Bureau's attorney suggested that marriage and child rearing Family Planning Bureau issued "Anna violation of family planning policy", should belong to meet the political authorities - Tongshan County Organization Department require proof issued, it does not belong to a specific administrative behavior, not having justiciability, requested the court to dismiss the plaintiff's prosecution. In this regard, Zhang Weiwei proposed Quanshanqu Family Planning Bureau certifying administrative acts are confirmed, this behavior is by the scope of administrative litigation. In response to this debate both sides of the original defendant, the full court adjourned for five minutes after the decision,woolrich outlet, Anna's prosecution in line with the relevant provisions of the Administrative Procedure Law,http://serenitius.com, the court will continue to hear. "Marriage" how to interface with local planning regulations to trial focus According to Zhang Weiwei reports, judge Anna "Mr. children receive a marriage certificate,scarpe hogan," whether the conduct violated the family planning policy, which law should apply, etc., become the focus of today's hearing. Peking University Law School Women's Law Studies and Legal Services has been concerned about the case, and in December 2009 the invitation of Chinese People's University Law School Professor Yang Dawen, Peking University Law School Professor Wang Lei Ma Yi-South research the case, the three experts on the facts of the case Recognition and application of law and other issues to reach a consensus that fertility behavior is Anna couples marital birth, not of wedlock births. China's "Marriage Law" Article 8: did not apply for marriage registration shall go through registration. Meanwhile, the "Marriage Law interpretation of a number of issues," states: both men and women go through when the effectiveness of marriage registration, marriage relationship from both sides in line with the substantive elements of marriage law marriage in accordance with the provisions of the Marriage date Article 8. According to these provisions,woolrich outlet, Yang Dawen believes Anna couples wedding in April 2008, May 2009 re-submit the marriage registration. When the wedding,http://syobolog.ldblog.jp, the two sides are in line with the substantive requirements of marriage in the Marriage Law that the parties is voluntary married and have reached the legal age of marriage, they have no evidence to prove the case forbid marriage. Thus, the effectiveness of the registration of marriage can be traced back at a wedding in April 2008 to. 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 the China Law Marriage Law Research Ma Yinan this view agrees. She believes that "a number of issues interpretation of the Marriage Law," the provisions of Article 4 of the Marriage Law in line with legislative intent, and scholars and academic interpretation,http://store.shopping.yahoo.co.jp/spark-inc/kit-65w-hb3-49.html, the legislative purpose is the same. Ma Yinan believe, even from the "legitimate children" identity thrust reverser, but also prove the existence of Anna couples legal marriage. In real life, even if one of both parents in the absence of marriage registration birth to a child, but later registration of marriage, then children born before marriage certainly be regarded as "legitimate children", the children made "legitimate child" status under the premise , the presence of lawfully married parents,http://www.chrisadamsperfumes.com/index.php?item/create_form/1, legal regulations in many countries, too, not to mention Anna also made a one-child certificate. This morning's court session, Zhang Weiwei repeatedly told the court, according to the Family Planning Bureau Quanshanqu "Jiangsu Province Population and Family Planning Regulations," Article 21 of "both men and women have not been registered according to the law of marriage and birth of a child can give birth "requirement that Wang Yingsheng children in front, after the marriage registration, birth can not belong to a legitimate child of the body, that the council did not fully understand China's" marriage Law "Supreme People's Court and the relevant judicial interpretations founded on marriage conditions prescribed . Zhang Weiwei also suggested that even under the provisions of Article 21,doudoune moncler femme, "Jiangsu Province Population and Family Planning Regulations", from a legal perspective, this is also one of the preceding provisions, the provisions are not mandatory. That is, after the registration of marriage have not given birth, the right to bear a child, not only after the registration of marriage, birth order. "Freely dispose of the rights, the Family Planning Bureau Quanshanqu rights as obligations, and even became prohibitory obligations, are applicable legal error." Quanshanqu Family Planning Bureau's attorney insisted that the case belongs to the administrative proceedings, can not be applied "Marriage" judicial interpretation of the Supreme Court and can only be applied in Jiangsu Province local regulations. At the seminar in December 2009, the anonymity of the relevant department heads, said the specific provisions over the country's family planning policy, in accordance with relevant local laws and regulations are enacted, according to the law after the registration of marriage before childbearing is around one universal provision. She pointed out that China's "Population and Family Planning Law" stipulates that citizens have reproductive rights, but also obligations to family planning. China's "Constitution" Article 49 also stipulates that both spouses have the duty to practice family planning. Visible, the exercise of reproductive rights body is legally registered couples. From the legislative intent of the birth control policy and regulations look around, get married first and then fertility is a restriction on the exercise of reproductive rights. But she also believes that the presence of such a wide divergence of opinions on the case of Anna applicable legal issues, mainly related to the proper understanding and application of the "Population and Family Planning Law," "Marriage," and how the two issues of convergence. According to the reporter, Anna in November 25, 2009 to apply for Quanshanqu People's Court of Jiangsu Province People's Congress draws on the "Jiangsu Province Population and Family Planning Regulations" to legislative interpretation. In this regard, the Court has not responded. "Careful analysis of legislative intent of each local family planning regulations, seems to be against the child out of wedlock, but the" Population and Family Planning Law ", did not specify that only married to enjoy reproductive rights. The legislature, the State Family Planning Commission also have not made this clear explanation, how can ordinary people understand? Court of Justice in such cases, how to interpret the subject of reproductive rights? "Ma Yinan think that when national law is not very clear, the Court should stand vulnerable position made in favor of one interpretation of citizens, which is conducive to achieving a just and harmonious. Married maternity personal matter whether they are public officials recruited defined range Zhang Weiwei in the trial proposed marriage fertility citizens should not simply as a civil service recruitment criteria. China's "Civil Law" Article 24 clearly defines the three cases can not be employed as civil servants, including the crime but had received criminal punishment, was expelled from office as well as the law can not be employed as civil servants in other cases. Administrative Law, Peking University Professor Wang Lei believes the Constitution, the provisions of the third part of the law of reservations stipulated that only the NPC and the NPC Standing Committee to an explanation, the effectiveness of any rank below the legal regulations or normative documents were not entitled . Wang Lei believes that unmarried first education in itself is not illegal, because the intention of planning laws and policies is to ensure that the principle of a couple only one child, Anna does not violate this principle, and therefore did not violate the family planning policy 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 people's traditional concept only, not law. In this regard, Professor Yang Dawen believes that the current regulations do not specify a law did not apply for the registration of birth shall not be employed as civil servants. Develop their own specific provisions Tongshan County are just red tape places, does not belong to regulations, but not the law. December 18, 2009, on the case of Wang Ying, Peking University Law School Women's Law Studies and Legal Services to the National Population and Family Planning, Supreme People's Court Research Office, Population and Family Planning Commission of Jiangsu Province, Xuzhou Quanshanqu People Court administrative tribunal and other 16 departments sent a proposal experts. The proposal put forward, recruiting civil servants shall apply the relevant provisions of "People's Republic of China Civil Service Law". Anna couples fertility behavior does not violate substantive requirements of family planning policy. About "wedlock births" behavior of citizens favorable interpretation should be made. Proof of identification Anna couples fertility behavior illegal, can not serve as a basis for refusal to hire. Administrative acts of the executive authorities should follow the principle of good faith. In June 2009, gave Anna Quanshanqu Family Planning Bureau sent a one-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, the local Family Planning Bureau for no good reason not to overthrow any of it, which relates to credit problems government agencies." Yang Dawen also believes that the payment of child certificate recognized by the health department showed that fertility behavior married Anna entire period. And then issue a certificate about the unmarried birth, contrary to the principle of trust protection. The end of 2009, Peking University Law School Women's Law Studies and Legal Services of Xuzhou Municipal Personnel Bureau received a reply letter, said that according to "Jiangsu Province in 2009 civil service examination plan", Anna apply the Tongshan County People's Procuratorate posts shall Xuzhou Municipal Party Committee organization Department approval, according to the relevant authority, this proposal forwarded Xuzhou Municipal Party Committee organization Department. Beijing, February 4 electric

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