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Judicial Recognition Of Illegal Obtaining Social Security Subsidies

Posted on:2019-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:S S XiangFull Text:PDF
GTID:2416330596958453Subject:Law
Abstract/Summary:PDF Full Text Request
The social insurance subsidy is a policy aims at encouraging flexible employment of people with employment difficulties,releasing the pressure on them to pay social insurance fees in their personal capacity,or to reduce the employment cost of enterprises,and encourage them to absorb the employment of people with employment difficulties.After the social insurance premiums,the policy of paying the first payment and then subsidizing and granting a certain fee subsidy will be implemented.However,in fact,in the implementation of this preferential policy,there are cases in which the unit supervisors dodge various forms of social insurance subsidies issued to employed persons for various reasons.If the unit supervisor uses the position of the post and obtains the employee social security by signing the contract,and uses it for the unit collective expenses,then does the behavior of the unit supervisor constitute a crime under such circumstances? What constitutes a crime if it constitutes a crime? Is it a crime of occupational embezzlement? Is contract fraud or fraud?Focusing on the above doubts,this dissertation analyzes the status and meaning of illegal possession in property-based crimes from the perspective of Ning's fraud case,expounds the concept of fraud,job embezzlement and contract fraud,and sorts out the crime of fraud and duties.The relationship between the crime of embezzlement,the crime of fraud and the crime of contract fraud,including its similarities and differences,clarifies the issue of the determination of the amount of fraud.On this basis,it analyzes the illegal acquisition of the "4050" social security subsidy,which does not constitute a crime of occupational embezzlement,does not constitute a crime of contract fraud,but constitutes a crime of fraud.On the basis of the crime of fraud in this case,the author expounded his own views on the amount of the case involved in the case,and concluded that the amount of the crime of fraud is the conclusion that the victim obtained the victim's property based on wrong understanding.The sixth part writes the author's thoughts on the case.On the basis of summarizing the nature and attribution of social security subsidies,pointing out the particularity of Ning's crime and the reason why the court gave such a light sentence.
Keywords/Search Tags:Social security subsidy, Purpose of illegal possession, Duty embezzlement crime, Contract fraud crime, Crime of fraud
PDF Full Text Request
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