<br>Our reporter Wang Yijun intern Ouyang Sha Luo<br> <br>Xuzhou, Jiangsu Province, the public prosecution of the local family planning executive Anna's case,peuterey outlet, hearing this morning in Xuzhou City Quanshanqu People's Court. Quanshanqu Family Planning Bureau Secretary as the legal representative of the accused, together with two lawyers appear in court, the trial starting from 9:30 and continued until 13:30 the end,http://885900.com/jinwutong/home.php?mod=space&uid=43755, the court will choose sentencing.<br> <br>"It is because of Xuzhou Quanshanqu Jisheng Ju defendant to prove that the plaintiff meet the political department issued a violation of family planning policy, which leads to the plaintiffs could not be admitted to the civil service." Peking University Law School Women's Law to provide legal assistance to Anna and 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 People's Court interpretation of applicable <People's Republic of China Marriage Law> Issues (a) "(hereinafter referred to as the" Marriage Law to explain a number of issues "- Reporters note), Mr. plaintiff marriage license after the child's behavior does not belong to unmarried first sterile. Therefore,http://whodesign.com.cn/home.php?mod=space&uid=1380818, "the defendant's conduct is illegal administration."<br> <br>A piece of paper to prove cause not qualified<br> <br>After this first event causes infertility marriage who were civil servants refused to record, to say the plot is actually very simple. Last year by the end of February, Anna worked as a lawyer for many years, Jiangsu Province, took part in the 2009 civil service exam, candidates units are Xuzhou Tongshan County People's Procuratorate, after a written test and interview, Wang Ying in early June by a medical examination, at the end into the political examination.<br> <br>July 21, to be hired list Xuzhou Municipal Organization Department of the publicity law review system, Anna is one of them. In the afternoon the same day, two staff members responsible for Anna husband came to meet the political unit, the letter advised to report unusual to report their marital relationship, 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,http://www.zhuhaihuwai.com/home.php?mod=space&uid=402212, 2009 birth of a child, on May 7, registration of marriage, a marriage certificate is in the birth collar, immediately expressed suspicion of violation of family planning.<br> <br>Child certificate issuing authority - Quanshanqu Family Planning Bureau recognized the fact that the one-child fertility and ask to meet the political staff issued a marriage and child rearing, Anna finds that after registration Couple Mr. infertility, 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, and to the birth of a child. "<br> <br>July 2009, Tongshan County Organization Department notice in writing to Anna: for violation of family planning policy,http://jtzys.cn/home.php?mod=space&uid=8639, not qualified,http://qzlxjsh.com/home.php?mod=space&uid=197941, not hired.<br> <br>In October, Anna to Yunlong District People's Court of Xuzhou Municipal Personnel Bureau, called for the repeal of Xuzhou City Personnel canceled Anna servants administrative action admission qualifications. The court held that the trial of not hiring after , Xuzhou Municipal Personnel Bureau decided not to make, then ruled inadmissible. Anna refused to accept the appeal, the second instance court upheld the first instance ruling.<br> <br>In desperation, Anna will Quanshanqu Family Planning Bureau to court.<br> <br>Zhang Weiwei told the China Youth Daily reporter, after Xuzhou City People's Court accepted the case Quanshanqu, Anna submit a written application to the court, requesting additional Xuzhou Municipal CPC Organization Department, the Organization Department 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.<br> <br>The trial started, Quanshanqu Family Planning Bureau's attorney suggested that marriage and child rearing Family Planning Bureau issued "Anna violation of family planning policy", belonging should meet the political department - Tongshan County Organization Department require proof issued, it does not belong to a specific administrative behavior, does not have the justiciability, requested the court to dismiss the plaintiff's prosecution.<br> <br>In this regard, Zhang Weiwei proposed Quanshanqu Family Planning Bureau certifying acts are administrative confirm that this behavior is by the scope of administrative litigation.<br> <br>In response to this debate both sides of 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.<br> <br>"Marriage" How to interface with local planning regulations, a focus of the trial<br> <br>According to Zhang Weiwei introduced judge Anna "Mr. child marriage license" whether the conduct violated the family planning policy, which law should apply, etc., become the focus of the trial today.<br> <br>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 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.<br> <br>China's "Marriage Law" Article 8: Not for marriage registration, should go through the registration. Meanwhile, the "Marriage Law to explain 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 date in accordance with the provisions of Article 8 of the Marriage Law.<br> <br>According to these provisions, Yang Dawen think, Anna couple wedding in April 2008, May 2009 re-submit the marriage registration. When the wedding, the two sides are in line with the substantial conditions for marriage under the Marriage Act, that is, both the Department voluntarily marry and have reached the legal age of marriage, and no evidence that they have a case of prohibited marriage. Therefore, its effect can be traced back when the marriage registration in April 2008 wedding to. They February 2009 birth the child's behavior is entirely first married and, in line with relevant laws and regulations in China.<br> <br>Vice President of China Law Marriage Law Research Ma Yinan agrees to this view. 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 doctrinal interpretation is consistent with the legislative purpose.<br> <br>Ma Yinan view, even from the "legitimate children" identity reverse thrust, but also prove the existence of Anna couples legal marriage relationships. In real life, even if one of both parents in the absence of marriage registration birth to a child,doudoune moncler,http://www.0476com.com/home.php?mod=space&uid=713901, but then the registration of marriage, then children born before marriage certainly be regarded as "legitimate children", the children made "legitimate child" status under the premise , is the existence of legal marriage relationship between parents, the laws of many countries also such provisions, not to mention Anna also made a one-child certificate.<br> <br>This morning's court session, Zhang Weiwei repeatedly told the court, Quanshanqu Family Planning Bureau in accordance with the "Jiangsu Provincial Population and Family Planning Regulations" Article 21 on "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, can not belong to the birth of a legitimate child of the body,nike tn pas cher, that the council did not fully understand China's" Marriage Law "and the Supreme People's Court judicial interpretations related to the establishment of the conditions of the provisions relating to marriage .<br> <br>Zhang Weiwei also suggested that even under the provisions of Article 21, "Jiangsu Province Population and Family Planning Regulations", from a legal perspective, it is also one of the preceding provisions, the provisions are not mandatory. That is, after the registration of marriage have not given birth, have 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 duty, part of the law applicable to error."<br> <br>Quanshanqu Family Planning Bureau's attorney insisted that the case belongs to the administrative proceedings, can not be applied "Marriage" and the Supreme People's Court's judicial interpretation is only applicable local laws Jiangsu Province.<br> <br>At the seminar in December 2009, the anonymity of the relevant department heads, said the birth control policy specifies all over the country, are in accordance with relevant local laws and regulations enacted after the legally registered marriage before childbearing is around provision of a universal.<br> <br>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 spouses have the duty to practice family planning. Visible, the exercise of reproductive rights body is legally registered couples. From the legislative intent look around the birth control policy and regulations, and then give birth before marriage is a restriction on the exercise of reproductive rights. But she also believes that the existence of such a huge divergence of views 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 how the two issues of convergence.<br> <br>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.<br> <br>"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 ", did not specify that only married persons only access to reproductive rights. Legislature, the State Family Planning Commission also have not made a clear explanation for this, 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 explanation citizens, which is conducive to achieving a just and harmonious.<br> <br>Marriage maternity personal matter whether to limit the scope of public officials hiring<br> <br>Zhang Weiwei in the trial proposed marriage fertility citizens should not be used as the fundamental criterion for civil service recruitment. China's "Civil Law" Article 24 clearly defines the three cases can not be employed as civil servants, including but had received criminal punishment of crime, was expelled from office,moncler outlet online, and there are legal provisions shall not be employed as civil servants of other circumstances.<br> <br>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 of any rank below the legal validity of the regulations or normative documents were not entitled .<br> <br>Wang Lei believes that unmarried first sterile 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 did not violate this principle,http://bbs.xyloushi.com/home.php?mod=space&uid=380560, 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 just the traditional concept of the people,chaussures louboutin, not the law.<br> <br>In this regard, Professor Yang Dawen that the current regulations do not specify a law did not apply for the registration of birth shall not be employed as civil servants. Tongshan County developed its own specific provisions are just red tape places,http://39960005.com/home.php?mod=space&uid=161110, does not belong to regulations, but not the law.<br> <br>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 tribunal and other 16 departments sent a proposal relating to the experts.<br> <br>The proposal suggested that recruiting civil servants shall apply the relevant provisions of "People's Republic of China Civil Law" of. Anna reproductive behavior does not violate the essence of the couple's family planning policy requirements. About "nonmarital birth" behavior, citizens should be made favorable interpretation. Anna finds proof couple of reproductive behavior illegal, it can not serve as a basis for refusal to hire. Administrative acts of the executive authorities should follow the principle of good faith.<br> <br>In June 2009, gave Anna Quanshanqu Family Planning Bureau sent a one-child certificate, to 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, local Family Planning Bureau therefore no justification can not be arbitrarily overthrow it, which involves credit problems government agencies."<br> <br>Yang Dawen also believes that payment of child certificate recognized by the health department showed that married Anna reproductive behavior throughout the period. And then issue a certificate concerning unmarried childbearing, contrary trust protection principles.<br> <br>By the end of 2009, Peking University Law School Women's Law Studies and Legal Services, Xuzhou Municipal Personnel Bureau received a reply letter, said according to "Jiangsu Province in 2009 civil service examination plan", Anna apply for the posts Tongshan County People's Procuratorate shall Xuzhou Municipal Organization Department approval, according to the relevant authority, this proposal forwarded to the Party Organization Department of Xuzhou.<br> <br>Beijing, February 4 electric<br><br>
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