Criminal Law Regulation Of New Rural Cooperative Medical Insurance Fraud

Since the new rural cooperative medical insurance system since the pilot,Under the government's strong support and financial investment,as the growth of the peasant economy income,the new rural cooperative medical insurance system has been developed rapidly.However,in the development and prosperity of the new rural cooperative medical insurance system at the same time,our country appear a large number of new rural cooperative medical insurance for the behavior of the fraud.In the face of society,the new problems in the judicial practice in our country,not only the lack of corresponding to the new rural cooperative medical insurance fraud charges,and,in the crime of fraud has not explicitly stipulated in the judicial interpretation,this leads to our legal for new farmers health insurance fraud on criminal law regulation lack of pertinence.Therefore,this article from the a new agricultural and medical insurance fraud case,research the new rural cooperative medical insurance fraud and criminal law in China.In this paper to explore the new rural cooperative medical insurance after the essential attribute of the new rural cooperative medical insurance fraud and crime of fraud,insurance fraud in comparison,target,proposed our country how to reinforcement from the aspects of legislation,criminal law applicable to the new rural cooperative medical insurance fraud in the field of regulation.This paper is divided into three parts:The first part,the new rural cooperative medical insurance fraud cases of disputes,and the focus is overview.Mainly introduces the typical cases and cases of disputes and the focus of controversy.The second part,the relevant legal analysis.Implicated crime constitution analysis of this part from the formative characteristics of the new rural cooperative medical insurance fraud.On this basis,the article in the new rural cooperative medical insurance fraud and crime of fraud,insurance fraud and other related charges are compared,and then Outlines,"to insurance fraud to regulation of the behavior,does not protect violated by the behavior of real law benefit","to the crime of fraud of the ordinary to deal with this kind of behavior will not be able to achieve the result of comprehensive regulation".The third part,research conclusion and revelation.Through concrete discussion to the legal principle,relevant to the case on the basis of facts of the case,this paper holds that in the case of a certain behavior under the existing criminal law can only be regarded as fraud.Through the study of the case,the article points out that people should summarize the basic properties,the new rural cooperative medical insurance targeted the comprehensive analysis of the dangers of fraud in the new rural cooperative medical insurance policy and criminal law.Nature of the article suggested that in the new rural cooperative medical insurance,on the basis of social insurance fraud,improve the new rural cooperative medical insurance fraud in the field of criminal law.