How to identify the nature of defrauding state insurance subsidies

Legal analysis: "Whoever defrauds state insurance subsidies is suspected of fraud, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. "

Legal basis: According to Article 88 of the Social Insurance Law of People's Republic of China (PRC), if the social insurance benefits are defrauded by fraud, forged certification materials or other means, the social insurance administrative department shall order the fraudulent social insurance benefits to be returned and impose a fine of not less than two times but not more than five times the amount defrauded. For more information, please call the service hotline of local social security bureaus 12333.

2. Paragraph 2 of Article 27 of the Regulations on Labor Security Supervision stipulates that those who defraud social insurance benefits or social insurance fund expenditures shall be ordered to return by the administrative department of labor security, and a fine of more than one time and less than three times the amount defrauded shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

3. The punishment stipulated in the Regulations on Work-related Injury Insurance and the Regulations on Unemployment Insurance is also a fine of more than one time and less than three times the amount defrauded.

4. The announcement of China's interpretation of Article 266 makes it clear that those who defraud social insurance benefits such as pension, medical care, work-related injury, unemployment and maternity or other social security benefits by fraud, forgery of certification materials or other means belong to the act of defrauding public or private property as stipulated in Article 266 of the Criminal Law, and those who defraud public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or shall only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. This means that defrauding social insurance money and other acts will be officially "incriminated", and the judicial organs will be able to investigate the criminal responsibility of the offenders accordingly.