A Study On The Nature Of Behavioral Of Obtaining Medical Insurance Funds By Private Hospitals

This article selects a typical case of private hospitals to defraud new rural insurance funds,through a brief introduction of the case,generalizes that the focus of the dispute in this case lies in the legislative interpretation of the crime of fraud.The nature of the contract between the new rural insurance center and the private hospital involved in the case is defined,and whether the case is a unit crime or not.First of all,this paper analyzes whether the Legislative interpretation of the Crime of Fraud excludes "according to the provisions of this Law,according to the provisions," and whether it is only applicable to the individual crime,and introduces the positive,the negative,the positive and the negative views,and puts forward its own position.According to this explanation,the author concludes that the crime of fraud and the special crime of fraud can be decided in competition.Secondly,according to the above point of view,the further analysis of the case of contract fraud crime and unit crime of the identification of in-depth analysis.Finally,through the above analysis and argumentation,it is concluded that the provisions of the legislative interpretation of the crime of fraud can not exclude the application of the provisions of the latter paragraph of section 266 of the Criminal Law,"if this Law provides otherwise,in accordance with the provisions".If the perpetrator uses special means to obtain social security treatment such as medical insurance,he cannot exclude the possibility of being recognized as a special crime of fraud,and in the case of a special crime of fraud,The principle that special law should prevail over common law should be dealt with as a special offence of fraud.Combined with this case,the commission service agreement belongs to the civil contract signed between the equal civil subjects,which violates the interests of the protection law of the socialist market management order and conforms to the scope of the contract.At the same time,the private hospital for the interests of the unit by the unit leadership decision-making and directly responsible personnel committed fraud,identified as a unit crime,draw the conclusion that the unit should be committed by the crime of contract fraud conviction and treatment.The purpose of this study is to study several difficult problems encountered in practice,such as the definition of "contract" in the crime of contract fraud,combined with the interpretation of the provisions of "the legislative interpretation of the crime of fraud",in the hope that the crime can be applied more accurately.