Research On The Problems Of Social Security Card Fraud

No consensus has been reached on how to apply the Criminal Law to cases thatperpetrators make use of social security cards of victims to violate their financialownership and disrupt the order of national health insurance system after illegallygaining those cards by theft, robbery or tempting victims with offers such as “cashingout.” In judicial practice, some cases were identified as theft, plunder or robberydepending on the way perpetrators acquires the cards. Some cases were convicted asfrauds because no matter how they got the cards, only by fraudulently using names ofvictims could perpetrators swindle the national health insurance fund and benefit fromthose cards.I have been working in the field of criminal prosecutions for years. Handling thiskind of cases gives me a clear perception of how it affects our social security system.Now I propose my solution to the issue mentioned above in the part of judicialpractice. I think it not important whether a person gains social security cards fromothers by a legal means or not, so long as he uses those cards to procure a largequantity of medicines from hospitals or drug stores, his behavior should be consideredas defrauding the national health insurance fund, on condition that no actual medicaltreatment happens and those medicines are not used to treat the disease of thecardholders. Moreover, people who legally gain cards of others, such as borrowing,are still liable to a fraud. However, cases that perpetrators illegally obtain socialsecurity cards is not analogical to the ones that perpetrators embezzle credit cards andshould not be identified as theft simply by referencing to embezzling credit cardsbecause the ultimate aim of perpetrators is to swindle the national health insurancefund by fraudulently using names of victims. Such crimes cause not only cardholders,but also the national health insurance fund to suffer financial loses.