Study On Anti-fraud Legal Systems For Social Insurance In Our Country

Social insurance system is the product of with modern industrial development up, which first is to solve the contradiction between the employers and the employees that later is become one of the measures which ease social contradictions and interests redistribution, maintaining social stability. The smooth operation and healthy development of modern social insurance system, not only the need for stability of the country, but also under the conditions of market economy, rapid economic development while addressing the backing of the majority of workers to worry about. However, more and more social insurance field criminal acts make social insurance run subject to serious interference, including social insurance fraud is the most common and more harmful to the social insurance funds to huge losses, seriously affect the health of the operation and development of social insurance, is one of the focus their attack on the object of the countries which have established modern social insurance system. China’s social insurance system was established relatively late, laws and regulations and the relevant system is not perfect, this determines the itself in the field of social insurance against illegal and criminal behavior of congenital deficiency. Foreign social insurance system is relatively mature, social insurance anti-fraud legal systems are relatively perfect. Therefore, to analyze the status and shortage of the China’s social insurance anti-fraud and to learn from foreign advanced social insurance anti-fraud legal systems, to find solutions for the field of social insurance anti-fraud legal systems in China, has important theoretical and practical significance. This paper contains four parts:The first part of the paper describes the general theory of the social insurance anti-fraud. First to define the fraud and anti-fraud, including the concept of social insurance fraud and anti-fraud as well as the difference of social insurance anti-fraud and the supervision of social insurance funds; Second to discusses the necessity of the insurance anti-fraud.The second part first introduced social insurance anti-fraud legal systems of the major countries, including the overview of the UK, U.S.A, Australia and Germany’s social insurance anti-fraud legal systems; after address the social insurance anti-fraud legal systems of major countries, such as have sound legal legislation, a comprehensive enforcement system, effective supervision pattern, the institutionalization of anti-fraud techniques, mature preventive mechanism, etc.In the third part mainly address society insurance anti-fraud status and shortage of our country. From the aspects of anti-fraud legislation, anti-fraud enforcement system, anti-fraud supervision, anti-fraud difficulties as well as anti-fraud preventive mechanism to analysis in this paper, separately.The fourth part is how to perfect our country’s social insurance anti-fraud legal systems. First is to perfect anti-fraud legislation, the second is to complete anti-fraud enforcement system, once again, is to strengthen anti-fraud supervision including the establishment of effective supervision pattern and clear and appropriate supervision principles, and finally the establishment of institutionalized anti-fraud techniques and perfect the mechanism of anti-fraud prevention, etc.