Study On The Behavior Of Social Security Welfare Fraud In Criminal Law

The social security system is the "shock absorber" and "stabilizer"of the society.But in recent years, the events of defrauding social security benefits have occurred frequently,which not only encouraged the bad ethos of society, but also damaged to state property seriously. Before the interpretation on article266 of " The criminal law of the People's Republic of China ” introduced, we only set ‘a deadline to recover',fines and other administrative punishment measures in the administrative rules and regulations.If the circumstances are serious enough to constitute a crime,the actor should be investigated for criminal responsibility according to law. Although the act of defrauding social security benefits constituting a crime, it doesn't have criminal law applicable significance. In judicial practice, some social security benefits have been recovered, some are convicted as Fraud or Contract Fraud. Since judicial practice is not unified, the events of defrauding on social security benefits have a tendency to be even worse. It has arose widespread attention in academia. Most scholars appeal to criminate it, but there are controversies on conviction. On April 24,2014, the interpretation convicts the act of defrauding social security benefits as Fraud. It solved the problems of the application of Criminal Law about social security benefits fraud to a certain extent.But in judicial practice, the cognizance of this behavior is still chaos, there still exist controversy in the theoretical circle. In order to fully understand the limitations of current legislation on defrauding social security benefits act, this article attempts to analyze from concept, through the analysis of controversy on defrauding social security benefit acts in legislation and judiciary.Link the rules of continental law system and Anglo-American law system for reference, and put forward to add the crime of defrauding social security benefits. We looking forward to provide referential suggestions for criminal legislation and judicial practice by the idea of putting it in the sixth chapter in the first quarter of Breach of social management order crime.