Study On Anti-Fraud Legal Systems For Social Insurance

In recent years, some criminals in view of the social insurance fund increase in the number of insurance fraud present situation. Social insurance fraud is refers to the citizens, legal persons, or other organizations in the social insurance and pay social insurance premium, enjoy social insurance treatment process, the implementation of the behavior of the fraud, concealing the truth. Social insurance fraud intensified, mainly due to the imperfect social security system of our country, the development of the rule of law is not enough; Social insurance fund operation link is much and complicated, supervision in place;Social insurance related personnel driven by self-interest and social insurance fraud. As a result, the social insurance under the rule of law research has certain practical significance.Social insurance business of our country starts late, related to the government by law development is relatively backward, and in the face of mounting social insurance fraud case, can learn some experience of rule by law in other countries, such as the UK legislation about fraud and more complete; The social insurance represents a feature of private participation in more; German social insurance to take independent operation of the model, the government basically no intervention; Australia’s social insurance fraud criminal enforcement more developed. At present, the social insurance law of our country from the aspects of legislation, law enforcement and supervision, there are a series of problems: social insurance anti-fraud legislation scattered, dispersed in the "general principles of the civil law","social insurance law","contract law","tax law","criminal law" and some related local regulations, the lack of coordination, the main body of law enforcement personnel quality is uneven; Regulatory mode selection is not reasonable, the principle of regulation is not clear. Facing this a series of problems, it needs to take effective measures to improve, can learn to learn from foreign advanced experience, combined with China’s own development condition to take measures, such as a sound social insurance anti-fraud legislation, complete anti-fraud system of law enforcement, strengthen anti-fraud regulation, by constantly perfect, these measures to safeguard our country social insurance can cause the operation of the healthy and orderly development.