Discussion On Criminal Protection Of Social Insurance Funds

At present,more and more criminal acts are arisen by social insurance fund in different ways.There are clear judicial interpretation of fraud,forgery of evidence or other means to cheat pension,medical insurance,insurance against injury at work,unemployment insurance,maternity insurance or other social security treatment as fraudulent public and private property behavior.However,the rules are not enough to regulate all violations of social insurance fund behavior.In this paper,the author takes the behavior of social insurance fund infringement as a key research object,and analyzes the performance of the various behaviors and the identification of the criminal law in four chapter,so as to put forward some suggestions on the blank of some criminal law.The first chapter is an overview of the social insurance fund.It's mainly elaborate the definition,nature and content of social insurance and social insurance fund.Among them,the author analyzes the legal attribute of the social insurance fund,especially for pooling funds and individual account.The author conclude that the pooling fund in the social insurance fund shall be owned by the state,but can only be earmarked for public property,but fund for individual accounts is state custody and conditions limited property which is based on various theories in academia and the use of the fund in practice.The second chapter explain the main way of infringing social insurance fund and its identification in terms of the quality of behavior.This section analyzes the main ways and the identification of social insurance fund infringement in two parts according to different identity of the social insurance fund cheating.First,the main way and the identification of the insured,the third party or the institution against social insurance fund.It focus on the analysis of the use of social security card against social insurance fund;Second,the main way and identification of social insurance agencies and their staff against social insurance funds,in this part,for the agencies and its staff,the behavior of occupation,misappropriation of social insurance fund should be convict for corruption and misappropriation under pooling funds and individual accounts.However,due to the personal accounts are private in nature,when the staffoccupied,misappropriate the fund in thses,the behavior is also consistent with the crime of embezzlement.The third chapter is judicial identification for the infringement of social insurance fund.It mainly analyzes the cognizance of the accomplice and the standard of commencement in social insurance fund.In terms of accomplice,the author analyzes the identification in nature of accomplice which collude with foreign forces and the false affirmation of the social insurance fund.In commencement standard identification of social insurance fund infringement,this paper focuses on the commencement standard of social insurance fund cheating and occupation and misappropriation in the social insurance fund cheating.The author puts forward judgement of his/her own in commencement of the relevant behavior according to the relevant theory proceed to judge.The fourth chapter complete for the protection of criminal law in the social insurance fund.According to the analysis of the first three chapters,the author puts forward in two aspects to improve the criminal law protection of social insurance fund.First is to strict the boundary of administrative punishment and criminal punishment and strengthen communication and collaboration between departments.The focus is improve the involving time of judicial authority and procedures;Second is the complementary of the existing accusation,mainly from the clearness of social insurance fund attribute,the new social insurance fund as the object of relevant crime and the clear list of institutions as the main body in relevant charges.