The Qualitative Research Of Social Security Card Fraud

Along with the gradually perfection of country’s our country social security system, the social basic medical insurance plan as a whole is just around the corner, thereafter, the unity of the social security card is self-evident. According to the notice issued jointly by human resources and social security ministry and the people’s bank of China, the social security card will gradually be loaded financial function, as a result, it will be convenient for people to see a doctor and buy medicine, reducing the procedure of transfer account,etc. Generally speaking, the one who wants to apply the social security card need to do it in person, he can entrust others to apply if he can’t timely deal with for other reasons. Which is for the convenience of the insured. However, but it is also an opportunity for some criminals, they use the fake identification information to report the loss of the card and then reissued one. with the new card, they go to the designated hospital to consume secretly and get the medicine, which lead the account loss of the insured. Aiming at this phenomenon, this paper takes the first case of fraud using of loading financial function of social security card as an example, and analysis the social security card of the controversial issues involved in the crime of fraud, then draws the conclusion and enlightenment.The article is divided into four parts:The first part is the basic situation of the case. First introducing the basic circumstances of the case: Mr.Tang and Mr. Luo repeatedly used a false identification to report the loss of social security cards and reissued them. Then elaborated disputes cases: the first kind of view is that the defendants’ acts constitute a crime of fraud of the credit card, in that social security card in the case can be evaluated as credit card in the broadest sense of the term. The second view is that the defendant’s behavior is a method which does not constitute a crime, it is the thereafter using action that constitute a crime. The essence of defendant’s action is that he made use of the pharmacy staff as the tool of stealing money in the card. Therefore, the defendant set up stealing. The third kind of view is that the crime of fraud of the actor’s behavior was established, basing on this conclusion, they have different opinions. Some people think the action of reporting the loss of the card is crime of fraud, while the following behavior is after wards act of impunity; There are also people who believe that the prior action of defendant behavior people behavior does not constitute a crime, the following using use of this case is behind plays the key role, therefore, this case should be qualitatived by means of using behavior. Behavior made we of the pharmacy staff as means,which crimes fraud. Finally I come up with the bone of the contention: Frist, if Financial social security card can be judged as a credit card in the sense of criminal law? Second, which plays a key role in getting the medicine, the action of reporting the loss of social security card or the action of secret swiping card? Third, unauthorized behavior is fraud or theft?The second part is the legal issues related to the case analysis. This is the focus of this article. For the bone of contention, I analyze them from three controversial contentions. First of all, discussing the meaning of credit card of credit card fraud, then define the financial nature of the social security card in this case, and draw a conclusion by comparing: financial social security card can’t be simply regarded as credit card in the sense of criminal law; Second, analysising the action that the defendant reported the loss and reissued the card with coad is triangle fraud, which is not crime, therefor, the conclusion is that it is the following secret swiping of card that plays a key role for the offender to get the drug; Finally, through identification of the secret swiping of card after that the offender report the loss and get a new card. I come to a conclusion that the action constitutes triangle fraud which is fraud.The third part is the analysis and conclusion of the case. Basing on the content of the first part of legal theory analysis to analyze the behavior of the person in the case and thus draw the conclusion.The fourth part is the enlightenment of researching this case. Combining above analysis, and actual situation, the author thinks that it could add the crime of fraud of the special social security card. Prior to this new rule, the penalization of fraud of the social security card with general fraud conviction penalty is reasonable.