Judicial Determination Of The Behavior Of Defrauding Medical Insurance Funds

The medical insurance system is the priority of people's livelihood.However,medical insurance benefits fraud are increasing day by day.This kind of behaviors in the theoretical circle has attract different understandings,which has damaged the fundamental interests of the people.In order to have a relatively accurate understanding of this behavior and to protect the legitimate rights and interests of the public,the author chose Su and other people's fraud case as an example to sort out the central point of the dispute in this case.It starts from the central point of the dispute and deeply analyzes the problems of judicial determination of medical insurance benefits fraud,the constituent elements of joint principal offenders,hoping to provide certain reference for judicial practice.This paper is divided into three parts.The first part is a brief introduction of the case and the focus of the dispute,among which the focus of the dispute is whether the behavior of each defendant's medical insurance benefits fraud constitutes the crime of fraud or the crime of contract fraud,whether the actions of Su and Wu constituted joint principal offenders and the determination of the amount of fraud by each defendant.The second part is the case analysis,which discusses whether the defendants' conspiracy to medical insurance fraud constitutes a crime of fraud or a contract of fraud.Among them,the prosecutor believes that it constitutes a crime of fraud and the court comprehensively considers that it constitutes a crime of fraud,while the defense considers it a crime of contract fraud.The author starts with the constituent elements of the crime of fraud and the crime of contract fraud,and believes that the deception of medical insurance benefits constitutes the crime of fraud after comprehensive analysis of the relevant provisions of the Criminal Law,and whether the actions of Su and Wu constitute joint accomplices are discussed,discusses whether the actions of Su and Wu constituted joint principal offenders.Contacting the basic situation of the case,Su is the legal representative of the hospital,Wu is the general manager,and the two jointly managed and shared the incomes and benefits of the hospital.After comprehensive consideration,it can be concluded that the two defendants constitute joint principal offenders.The third part is conclusion and suggestions,which puts forward corresponding thinking suggestions and specific countermeasures according to the judicial determination of the crime in this case.