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人口和计划生育行政管理部门在依法享有的行政权限范围内,对违法生育的公民征收社会抚养费,可以在法定权限内根据违法生育的情形自行判断、自行确定、自行决定,属于计划生育部门行政自由裁量权的一种。实践过程中,社会抚养费征收自由裁量权暴露出了一系列的问题,应该采取一些有针对性的措施,防范征收社会抚养费自由裁量权不当使用。
The population and family planning administrative departments shall, within the limits of their administrative power according to law, impose social support payments on citizens who have illegally born children and may, within the statutory limits of authority, make their own decisions based on the circumstances of illegal procreation, decide on their own, decide for themselves and belong to the administrative department of family planning A kind of discretion. In practice, a series of problems have been exposed in the collection of discretionary power of social support, and some targeted measures should be taken to prevent improper use of the discretionary power of collecting social support.