Imposing fine on two-child couples is outdated law
SOME MEDIA OUTLETS reported that the local family planning department in Wuyuan, East China's Jiangxi province, tried to collect "social compensation fee" from a couple that had a second child after the central leadership made the decision to introduce the two-child policy. Beijing News comments:
The Wuyuan couple had their second child in December 2015, two months after the central government made the decision to introduce the two-child policy nationwide but one month before the Jiangxi legislature amended its provincial regulation. Citing this fact, the Wuyuan family planning department claimed they were legally bound to collect the fee.
It seems the local officials are rather alien to the spirit of rule of law. According to the Law on Legislation, although laws and regulations do not have retrospective effect, a new law or regulation can be applied to better protect citizens' legal rights and interests. The family planning policy regulation is such a regulation.