The State Council promulgated the Regulations on Labor Protection, which marked the emergence of social security system. Since this year, China people have won social security. As citizens of China, social security is the most basic self-owned fund to ensure everyone's life after retirement.
"As long as I don't report it, no one knows that my wife has died." Lu was full of this incorrect idea and hurriedly ended his wife's funeral, but he didn't report his wife's death, and he didn't give a death certificate to the relevant social security unit. Therefore, Lu has been receiving old-age insurance in the name of his wife until he was finally discovered by the local public security department.
When the People's Procuratorate learned that the court sentenced Lu to three months' imprisonment for fraud, fined him 1000 yuan, and recovered the assets of the people involved, it immediately filed a case for investigation. Lu should enjoy happiness at home when he was 60 years old, but he was sent to the prison because of a moment's negligence. I just don't know if he can stop thinking in prison.
In fact, since then, the judicial department of Wuxi has already tried 12 cases of defrauding China's social security, covering more than120,000 yuan. Obviously, Wuxi is not a case, and there are many social security frauds nationwide, which may be related to the distribution principle of social endowment insurance.
Laws and regulations strictly prohibit this kind of cheating on social security. Anyone suspected of committing a social security crime can be investigated for legal responsibility according to the seriousness of the case and the amount involved. According to the provisions of Article 88 of the Social Insurance Law, anyone who defrauds social insurance by cheating or forging evidence or by other means shall be ordered by the social insurance administrative department to return the social insurance money defrauded, and a fine of not less than two times but not more than five times the amount defrauded shall be imposed. .
A similar act of defrauding China's social security actually constitutes fraud. According to the National People's Congress Standing Committee (NPCSC)'s description in Article 266 of the Criminal Law of the People's Republic of China, the act of defrauding the adoption of social insurance benefits such as old insurance benefits, medical treatment, work-related accidents, laid-off, laid-off and social insurance benefits is the act of defrauding public and private property as stipulated in Article 366 of the Criminal Law, and the pregnancy and other social security benefits obtained by fraud, forgery of evidence and various means.
According to the criminal law, whoever commits fraud, if the amount is especially huge, shall be sentenced to three years' imprisonment, criminal detention or public surveillance, and shall be punished with a fine or a single fine; If the amount is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and ten years and fined; If the amount is especially huge or there are other serious circumstances, he shall be sentenced to imprisonment of not less than 10 years or life, and shall also be fined or his illegal income confiscated.
There are different norms in different places for the specific quota division of fraud. Taking Beijing as an example, Beijing courts, people's procuratorates and police stations have coordinated requirements that fraud involves a quota of less than 3,000 yuan and a large amount; If the amount exceeds 50 thousand yuan, the amount is huge; The amount of more than 200,000 yuan is especially great. Although the divisions in other regions are different, they are basically the same.
Generally speaking, Mr. Lu defrauded more than 20,000 yuan of national social security in three years. According to Chongqing standards, the amount involved in the fraud case is relatively large, and he should be sentenced to three years' imprisonment, criminal detention or control, and fined. Lu was sentenced to three months' imprisonment with a fine of 1000 yuan, which is correct.
However, defrauding national social insurance can only be called defrauding commercial insurance. Apart from social security, there are also medical insurance and accidental injury insurance. Some people suffer from mental illness and even kill their mothers and wives in order to make money. Perhaps for them, family and love are so insignificant in the face of money.