How to convict enterprises of fabricating employee cases to defraud social security?

The parties concerned will be sentenced to fixed-term imprisonment, criminal detention or public surveillance, and fined.

Specific reference is as follows:

1, insurance law

Article 131 If the applicant, the insured or the beneficiary commits any of the following acts and commits insurance fraud, which constitutes a crime, he shall be investigated for criminal responsibility according to law;

(1) The applicant intentionally fabricates the subject matter of insurance to defraud the insurance money;

(two) there is no insurance accident, falsely claiming that there is an insurance accident and defrauding the insurance money;

(3) Deliberately causing an insurance accident that causes property losses and defrauding insurance money;

(4) Deliberately causing personal insurance accidents such as death, disability and illness of the insured, and defrauding insurance money;

(5) Forging or altering certificates, materials and other evidence related to the insured accident, or instigating, instigating or bribing others to provide false certificates, materials or other evidence, fabricating false reasons for the accident or exaggerating the degree of loss to defraud insurance money.

Whoever commits one of the acts listed in the preceding paragraph, if the circumstances are minor and do not constitute a crime, shall be given administrative punishment in accordance with the relevant provisions of the state.

2. Criminal law

Article 198 Whoever commits insurance fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; 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, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan, or his property shall be confiscated:

(1) The applicant intentionally fabricates the subject matter of insurance to defraud the insurance money;

(2) The applicant, the insured or the beneficiary fabricates false reasons or exaggerates the loss of the insured accident to defraud the insurance money.

(3) The applicant, the insured or the beneficiary fabricates an insurance accident that has never happened to defraud the insurance money;

(4) The applicant or the insured intentionally causes an insurance accident that causes property losses and defrauds the insurance money;

(5) The applicant or beneficiary intentionally causes the death, disability or illness of the insured to defraud the insurance money.

Whoever commits the acts listed in Items 4 and 5 of the preceding paragraph, which constitutes other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes.

If a unit commits the crime mentioned in the first paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; 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.

If an appraiser, witness or property appraiser of an insurance accident intentionally provides false documents to provide conditions for others to cheat, he shall be punished as * * * insurance fraud.

3. Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases (Fa Shi Fa [1996.12.16] Fa Fa Fa [1996] No.32).

Eight, according to the provisions of article sixteenth of the "decision", insurance fraud, a large amount, constitutes the crime of insurance fraud.

If the amount of personal insurance fraud is more than 6,543,800 yuan, it is "a large amount"; Individuals who engage in insurance fraud, the amount of which is more than 50 thousand yuan, belong to "a huge amount"; Individuals who engage in insurance fraud, the amount of which is more than 200,000 yuan, belong to the "extremely huge amount".

If the amount of unit insurance fraud is more than 50,000 yuan, it is a "large amount"; The amount of unit insurance fraud is more than 250,000 yuan, which is a "huge amount"; If the amount of unit fraud insurance is more than 6,543,800 yuan, it belongs to "the amount is extremely huge".