Study On The Legal Liability Of Social Medical Insurance Fraud

Since the implementation of the medical insurance system in China,the number of medical insurance fund fraud cases occurred throughout the country increased year by year,it is easy to see that medical insurance fraud has become a typical social disease,so using legal means to regulate the medical insurance is the inevitable trend of anti-fraud.This paper first analyzes the current situation of legislation in our country,points out the legislative defects,there is no law specifically for social insurance fraud,the law can be used as the legal liability of social medical insurance fraud is very limited,but also lack of pertinence.In view of the experience of the United States,Britain,Germany and other developed countries medical insurance anti-fraud legal system,China's social health insurance anti-fraud legal system can be improved,for example,establishing the unjust enrichment system of medical insurance fraud,using contracts to define the civil liability,introducing the punitive liability system of medical insurance fraud,establishing the system of fine shared by prosecutors;in the criminal areas can increase the crime of social insurance fraud,constitute the judicial interpretation of social medical insurance fraud.The study on the legal system of social medical insurance fraud can provide a strong legal basis for the development of anti fraud work for social medical insurance.