Research On The Legal Regulation Of Chinese Social Insurance Fraud

The social insurance system is one of the important measures to resolve the contradictions between labor and management,alleviate social contradictions,redistribute benefits,and maintain social stability.In recent years,China's social insurance system has developed rapidly and steadily,and system construction has also tended to improve.However,there are also more and more illegal acts in the field of social insurance,especially social insurance fraud,which seriously affects the healthy operation of the social insurance system.Since China's social insurance system has been started late,with focus mainly on the construction of the system itself,there has been a gap in the research on the legal regulation of social insurance fraud.In contract,the foreign social insurance system has been started earlier and has had a complete legal regulatory system.Therefore,we can draw on the experience of anti-fraud in developed countries,and fully investigate and study foreign scientific and reasonable legal systems.When it comes to how to use legal means to regulate social insurance fraud,it should be focused on studying the function of social insurance legal regulation in China.Legal restrictions on social insurance fraud can ensure the safety of social funds,benefit the realization of civil social insurance rights,and maintain the stability of social order.Judging from the current status of social insurance fraud in China,there are mainly the following problems:First,there is no effective mechanism to prevent social insurance fraud.This is reflected in the lack of monitoring on social insurance-related institutions and the unblocking of information resources.Secondly,the definition of social insurance fraud is not clear enough.The main reason is that the scope of the main body involved in the social insurance system is too broad and there is no corresponding judicial explanation for fraud.Thirdly,the structure of legal liability for social insurance fraud is insufficient.It is manifested in the unclear punitive regulations on the subject of responsibility and the relatively simple form of responsibility.Fourthly,the efficiency of administrative supervision and enforcement of social insurance fraud is low.The main body of social insurance anti-fraud administrative supervision and law enforcement is not unified,and it is impossible to establish a complete set of administrative supervision and law enforcement system,additionally,the method of social insurance anti-fraud administrative supervision and law enforcement is monotonous.Through the study of the legal restrictions on social insurance fraud in the four countries of the United States,Australia,the United Kingdom,and Australia,their rationality is mainly manifested in:the establishment of a complete anti-fraud law enforcement system,the use the force of criminal law to limit fraud,application of a combination of multiple supervision methods,and the establishment of a complete information resource sharing mechanism.Based on the dilemma faced by China's social insurance fraud laws and regulations,the following countermeasures should be adopted to improve China's social insurance fraud laws and regulations:Firstly,to construct an effective social insurance fraud prevention mechanism,and establish different precautionary measures and anti-fraud information sharing mechanism.Secondly,to clearly define social insurance fraud,clarify the scope of anti-fraud subjects,establish a unified anti-fraud subject department,clarify the scope and responsibilities of anti-fraud subjects established by each institution;and improve the legislation corresponding to social insurance fraud,aiming to locate the legal regulations corresponding to specific types of fraud.Thirdly,to improve the legal liability structure of social insurance fraud,improve the criminal punishment regulations for social insurance fraud and clarify the legal responsibilities of related parties involved in social insurance.Fourthly,to improve the efficiency of social insurance fraud administrative supervision,first,by establishing a unified body of social insurance anti-fraud administrative supervision and law enforcement,and a special anti-fraud supervision and law enforcement agency;secondly,by establishing social insurance anti-fraud administrative supervision and law enforcement system,organically integrating anti-fraud administrative law enforcement agencies with specialized anti-fraud supervision departments;finally,by enriching the social insurance anti-fraud administrative supervision methods,to achieve the diversification of supervision methods and joint law enforcement supervision methods of regulating social insurance fraud.