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“超生”是超计划生育工作的简称,是日常生活中大家耳熟能详的词汇。但司法介入后,却发现超生仍然是行政推定的产物,其概念界定尚存在法律盲点。法律概念的缺失和行为性质的模糊,导致实践中对超生行为法律性质的认识、判断标准的界定及相关责任的配置都存在一定的失范之处,限制了计生工作的法制化水平。
“Superstar ” is short for super-family planning work and is a familiar word in daily life. However, after the intervention of the judiciary, however, it found that it is still the product of administrative presumption that the concept of abortion is still blind in law. The lack of legal concepts and the vague nature of behavior lead to the fact that there are some omissions in the understanding of the legal nature of the act of super-life, the definition of the judgment criterion and the allocation of related responsibilities in practice, which limits the legalization level of family planning.