Criminal Regulations On Social Medical Insurance Fraud

Over the years,the fraud of social medical insurance in China has become more and more serious.In practice,cases of fraudulent use of social medical insurance funds by using tampering and falsification of relevant certification materials are numerous,resulting in the loss of a large number of medical insurance funds and the waste of social security resources.Therefore,it's necessary and urgent to improve the relevant legal system,especially to establish criminal legislation for social medical insurance fraud.Although the Legislative Interpretation of the Standing Committee of the National People's Congress on Article 266 of the Criminal Law stipulates that "Social insurance funds such as pension,medical treatment,work injury,unemployment,maternity and other social security benefits belong to Article 226 of the Criminal Law,which defrauds public and private properties."The difference in the infringement of legal interests,and the crime of fraud cannot cover the behavior of fraudulently obtaining medical insurance funds by a unit or legal person.Therefore,this article intends to proceed from judicial examples,comb through the manifestations of social medical insurance fraud,analyze the problems in China's current legislation,and combine the criminal laws and regulations of the foreign medical insurance system to futher propose the establishment of "social medical insurance fraud" Legislative proposal.The full text is divided into four parts:The first chapter systematically studies the basic categories of social medical insurance,social medical insurance fraud,etc.,and explains the special nature of social medical insurance,and analyzes China's social medical insurance through the current disputes caused by social medical insurance fraud Obstacles and problems in fraudulent conduct.The second chapter analyzes the social medical insurance fraud from the aspects of the establishment of the crime,and compares it with the crime of fraud and insurance fraud.Finally,it is concluded that the determination of social medical insurance fraud as a fraud will not accurately describe social medical treatment Conclusions on the behavioral characteristics of insurance fraud.The third chapter,based on the specific provisions of criminal law in our country criminal classification criteria for research,analysis about a crime and crime in our country,the difference between ordinary and special offenses,thus it is concluded that the social medical insurance fraud as the crime of fraud of the confusion of a crime and crime,general and special offenses and different conclusions of interests.The fourth chapter is the conclusion or enlightenment obtained through the study of some specific cases.This part analyzes the legislative evolution of medical insurance fraud in China and examines the current legislative status of social insurance fraud in foreign countries.It examines the criminal liability system of social insurance fraud in the United Kingdom,the United States and other countries,and draws on the criminal behavior of developed countries.Legislative examples of criminal law regulation and their advantages,and finally put forward the corresponding legislative recommendations of criminal law,that is,the crime of setting up social medical insurance fraud.