The Legal Characterization Of National Staff Helping Others "Fabricate A Social Insurance"

"False insurance" is a common way of potentially fraudulent behavior of people through fictitious information, forgery to obtain insurance. But in the field of social security funds, such cases involving diversification of real power, covert forms of crime, whether practitioners or theorists in dealing with "false insurance" and related issues are convicted there is a big controversy. In order to curb this serious crime situation, the urgent need to clarify these controversial issues. We selected to a social security fund embezzlement case for the European title, using analytical and empirical methods, focusing on the areas within the social security fund related charges were discrimination, and criminal legislation were exploratory research.This paper is divided into four parts, the main contents are summarized as follows:The first part is the basic situation of the case. The cause of action is the case of a European social security fund embezzlement case, mainly related to two facts: first, the use of national staff of a European network vulnerabilities, by paying units fiction, fiction payment, fictional refund, do not meet the conditions of the insured staff pay social security, and in the name of "social security costs" in violation receive payments totaling 294,900 yuan. Second, a European pension fund money through fictitious operations and ultimately the formation of 24 people pay a total of 524,000 yuan in social security record IESS computer management system, and in part to the insured actually received insurance money 57,500 yuan. The case of a disagreement lies in how to conduct qualitative Europe, on this basis, summed up the case the focus of controversy: how to identify the nature of the defendant received from the EU for a violation of the insured person to pay social security payments; how evaluation of the European Social insurance pay for a hypothetical way this behavior and illegal acts of the present case the fact that false insured insured person is formed under a European assistance as well as giving Europe a "enrollment fee".The second part is the analysis of relevant legal issues. This section with case, the focus of controversy on criminal law issues involved are discussed. First, a case exists for defrauding the social insurance fund is suspected of embezzlement, taking bribes or fraud and other disputes about the definition of "public property" in the present case is related to the nature of the two pens of social insurance payments recognized standards. Secondly, the "advantage of his position on the" define meaning and depth to the contrast of embezzlement and accepting bribes each "taking advantage of his position," the analysis, further distinguish corruption, bribery or fraud and the like. Finally, on charges related to the subjective aspects of the analysis, mainly related to the crime of corruption and common crime Subjective Constitution meant liaison theoretical issues.The third part is the analysis and conclusion of the case. This section based on the foregoing legal analysis of the case related to the focus of the dispute to respond. First, a national staff in Europe will nominally be used to pay social insurance payments for ourselves sometimes, the money belongs to the nature of private property, not state property. Secondly, Europe is not the exercise of a mandate in the use of embezzlement in his office, but the convenience of taking bribes in the office, therefore, for a Europe received from the insured person at the expense should be recognized as bribery, rather than corruption. Finally, in a Europe with the insured person knowingly does not meet the conditions under common defraud insurance social insurance, there is a common means of fraud contact, constitute fraud accomplice.The fourth part is the case study of revelation. In comparison, demonstration, based on induction, I suggest based on "national staff" to expand the special identity of the subject object of corruption criminal range. While the criminal liability regime in the field of social insurance funds were perfect crime, violations of the social security fund proposed an additional separate charges in the existing criminal law system conception.