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全面允许生育二孩政策实施以来,身为计划生育政策推行和保障的社会抚养费征收制度在全社会范围内引起广泛关注。该制度作为一项行政征收而非行政处罚措施,一定时期内对遏制人口过度增长起到一定作用,但其本身与公民的生育权之间存在矛盾;征收的理论依据是超生儿占用了较多的社会公共资源,但实际上,在人口拐点到来之后,超生儿意味着创造人口红利,不仅不代表占用社会公共资源,还可能创造更多的社会资源。法理上该制度存在不合理并有失正当性。
Since the policy of giving birth to two children has been fully allowed to be implemented, the system of collecting social support as the implementation and guarantee of family planning policy has drawn wide attention in the whole society. The system as a collection of administrative rather than administrative measures, to a certain period of time to curb overpopulation has played a certain role, but itself and the contradiction between the rights of the citizens of the reproductive rights; the theory is levied on the fetus takes up more However, in fact, after the inflection point of the population arrives, the surreal means to create a demographic dividend, which not only does not represent the occupation of social public resources, but also may create more social resources. The legal system is irrational and inappropriate.