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In general, how to deal with social security problems and duty crimes?
1. The main criminal means are content fraud and illegal approval in form. In order to achieve the purpose of defrauding social security funds, in related cases, the people involved will carefully prepare and provide false proof materials, such as false identification, false labor relations materials, false copies of medical records, etc. As a basic means to achieve illegal purposes such as obtaining social insurance benefits. From the perspective of investigating job-related crimes, we found that there are some loopholes in the approval process because of the great power in the social security approval process. In many cases, the person in charge of the social security approval authority or the staff who directly handle the business violates the rules after accepting the entrustment, which is a typical job-related crime. Recently, in a major insurance fraud case investigated by a district procuratorate in our city, according to the criminal suspect, he took advantage of his position to go through the declaration procedures for more than 80 people who did not meet the conditions for reporting sick leave and received social security pensions in advance, from which I accepted bribes of 6,543,800 yuan.
2. Internal and external collusion, * * * with the crime situation is more prominent. According to the regulations, retirement pension insurance has a specific applicant, that is, the actual beneficiary. For most ordinary people who want to illegally withdraw their pensions in advance, it is difficult to deceive the social security examination and approval authorities by unilaterally practicing fraud and concealing all kinds of truths. Therefore, in many cases, it is reflected in collusion between the applicant and the staff of the social security management state organs, illegal declaration, illegal examination and approval, and joint crime. In this illegal process, there is often a middleman "rabbit" to match the bridge. In addition, there are some employees who are responsible for the management of enterprise employees' endowment insurance, and they often collude with the examination and approval personnel of social security organs. For example, in the case of Mao Hong and corruption handled by our hospital, it was found out that the defendant Mao Hong, as a salesman of the endowment insurance department of the social insurance management office, used the convenience of his position with the defendant in charge of social security work in the enterprises within his jurisdiction to structure each other, and illegally handled retirement and pension collection procedures for four people, defrauding pensions of more than 60,000 yuan.
3. There are many people involved, and their identities are complex, so it is difficult to investigate and deal with them. In the past, crimes in the field of social security were mainly committed by the staff of social security management units alone, or jointly by the staff of social security management units and enterprise personnel. But now there are some new situations in the field of endowment insurance. Because the crimes suspected of retirement pension social insurance are legal crimes, it does not seem to have obvious social harm, so many criminals with the status of intermediaries actively participate in crimes, and ordinary people are willing to cooperate with the implementation of crimes driven by interests. For example, in the process of retiring due to illness, many intermediaries either helped forge fake medical records, or contacted the relevant staff of the social security department, or greeted the medical examiner. These people think that they are doing convenience to others, and their actions are just playing the edge of the law. Therefore, their guilty attitude is poor and their identities are complex, so it is difficult to investigate and prevent them.
4. Causing huge losses to state-owned property, and easily causing social contradictions and unstable factors. From the survey, we know that, driven by interests, there is a phenomenon of joint fraud between units and employees in the retirement of special types of work. In order to reduce the burden, some enterprises conspire with employees to change files, fabricate proof materials and try their best to handle early retirement. Because some employees of the unit retired early in violation of regulations, other employees kept up with the joneses, and even openly petitioned for early retirement knowing the illegal behavior, which caused extremely bad influence in society. At the same time, early retirement has brought expenditure pressure to the endowment insurance fund. Because employees retire early, they have to pay not only five years' old-age insurance premium, but also five years' old-age pension in advance, which directly reduces the income of the old-age insurance fund and intensifies the payment pressure of the fund. In addition, due to the large number of people who apply for early retirement through intermediary agencies, their age is relatively long, and their personal situation often changes with the development of time (from unqualified to qualified). If these people simply surrender their insurance, it will easily lead to strong resistance, and it is not completely in line with substantive justice. If we want to investigate the responsibility, it will easily lead to a rebound and lead to adverse social consequences such as group petitions.
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