Discussion On The Behavior Of Social Welfare Fraud In Criminal Law

As a kind of social policy system, social welfare is fundamental to meet all kindsof people’s survival requires. It includes material, spiritual and cultural needs. Thegovernment and the country solve the social problems of survival and development,through the establishment and implementation of social welfare system, in order tomaintain social stability and promote social progress. Social welfare system is playinga "shock absorber" and "safety net" role in the economy, but in recent years thesociety appeared many defraud social welfare phenomenon, such as the use ofmethods of fictitious facts, conceal the truths for the minimum living allowance, formedical insurance, and even for affordable housing. These actions seriously damagethe country’s social welfare system, qualification of public or private property rightsand the welfare of others rights and interests, even encourage the social bad styles,breed ground for other crimes, and threat the social stability and development of thegreat harm. Whether these phenomena of diddle social welfare are criminal lawregulation and how to regulate these behaviors are the focus of the paper.In this paper, the author discusses four aspects:The first part is an overview of the social welfare system. From the concept andclassification of social welfare, the author comparative analysises about the concept ofsocial welfare at home and abroad, discusses the origin and significance of the social welfare system in the foundation, and introduces the goal and significance of thesocial welfare system. Next, through the introduction of the social welfare systemsince the founding, the paper introduces the generation and development of China’ssocial welfare system as well as the connotation and denotation of the new welfaresystem after the founding, and paves the way for further discussed below.The second part analysis the behavior and its harm of the behavior of socialwelfare fraud which appears in the social. Begin with analysis of the generation of thebehavior of social welfare fraud, the author classifies the behavior and introduces thecharacteristics of it. On this basis, the author discusses the harm of the behavior ofsocial welfare fraud in five aspects. That sets a stage for later discussion, whether thebehavior of defraud may offend the criminal law and how to regulate.The third part discusses the issues how the criminal law to regulate the behaviorof social welfare fraud. Firstly, the author introduces the legislation about the behaviorof social welfare fraud of China in brief, which lacks co-ordination and planning as awhole, mostly are local specific provisions, the legislative level is not high and mostlyare temporary provisions, lack of rigor and severity. The legislation situation causessome reality basises, which put the behavior into the categories of criminal lawregulation. Secondly, the author analysises the feasibility that the behavior of socialwelfare fraud is included the criminal circle. The behavior not only has the possibilityand dangerousness to damage the special rights, but also has serious objective harmand subjective culpability of the mind, with the possibility of be included in thecriminal circle. Then, the author through the comparison of domestic and foreignrelevant theories which about the interests of property crimes law, concluding theview that property crime can regulate the behavior of social welfare fraud. Finally, thepaper discusses how to regulate the behavior of social welfare fraud concretely.According to the relevant criminal legislation of other countries as a starting point,and comparing with our country’s crime of fraud, the paper has the view that oppositeto a criminal legislation to regulate these behaviors, supports to expand theinterpretation of fraud to regulate. At the same time, the author also describes on thedefinition of the victim, the cognizance of crime pattern, amount, and part of circumstance for sentencing briefly. And paper puts forward some ideas on how tomake the criminal law regulate in detail.