Study On Anti-fraud Legal System Of Social Endowment Insurance

Social endowment insurance is a kind of social insurance system which can guarantee the basic life of the aged according to the laws and regulations. The current social endowment insurance system in China can be divided into three parts, the basic old-age insurance for urban workers, the urban and rural areas residents’ endowment insurance and the retirement system for public servants. Among them, the urban and rural areas residents’ endowment insurance contains the urban residents’ endowment insurance and the new rural social pension insurance. Since there are significant differences among different social endowment insurances, the analysis of the social endowment insurance fraud and anti fraud in this article is only for urban workers’ endowment insurance.With the increase of the number of attending social endowment insurance in our country, the income and spending of the social endowment insurance fund are rising, many problems also followed, one of them is social endowment insurance fraud. Since the legal system of endowment insurance fraud in our country is not very perfect, the safety of the endowment insurance fund is under threat, the future of endowment insurance business is bleak. This article begins with the basic theory of the social endowment insurance fraud, introduces the present situation of social endowment insurance anti fraud in China, points out the defects of the social endowment insurance anti fraud system in China, and puts forward suggestions on improving our legal system of social endowment insurance anti fraud.The article can be divided into three parts:The first part analyzes the basic theory of the social endowment insurance anti fraud. Firstly, introduces the concept of social endowment insurance fraud, the subject of fraud, the reason of fraud, the manifestations of fraud and the definition of social endowment insurance anti fraud. Secondly, presents the purposes of social endowment insurance anti fraud is to ensure the safety of fund, realize social insurance rights and maintain social stability and contract the society under the rule of law. Thirdly, in the process of social endowment insurance anti fraud we should follow three principles: the honest credit, exercise rights properly, restriction and supervision of the power.The second part points out the present situation and the main problems of the system in China. Firstly, introduces the present system of social endowment insurance anti fraud from the social pension insurance anti fraud legislation and the public awareness of law of social endowment insurance fraud. Secondly, points out that there are lots of defects needed to be improved in legislation, law enforcement, judicial aid and supervision system.The third part proposes suggestions on consummating system of social endowment insurance anti fraud. According to the actual conditions of our country and foreign anti fraud experience, the article puts forward four suggestions: improve the social endowment insurance anti-fraud legislation, strengthen social endowment insurance fraud law enforcement, establish the judicial aid system of social endowment insurance, and establish a multi-level supervision system of social endowment insurance power.