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近年,一些不法分子针对社会保险金的违法犯罪时有发生,但对诈骗社保基金的行为如何处理,司法实践中做法不一,有的行为人得到刑事处罚,有的被给予行政处分,还有的在被追回社会保险金后没有受到任何处罚。为了统一司法实践,打击诈骗社会保险金的违法犯罪,十二届全国人大常委会第八次会议审议通过了法律解释认为,以欺诈、伪造证明材料或者其他手段骗取养老、医疗、工伤、失业、生育等社会保险金或者其他社会保障待遇的,属于《刑法》第二百六十六条规定的诈骗公私财物的行为。
In recent years, some unscrupulous elements have always been guilty of crimes against social insurance payments. However, they have not done the same thing in the practice of scams for social security funds. They have resorted to different practices in judicial practice, some have been given criminal penalties, and some have been given administrative sanctions. After being recovered from social insurance has not been any punishment. In order to unify the judicial practice and crack down on the crimes of fraud and social security payments, the 8th NPC Standing Committee reviewed and passed the legal interpretation that fraudulent or fraudulent evidence or other means of fraudulently obtaining pension, medical treatment, industrial injury, unemployment, Childbirth and other social insurance payments or other social security benefits belong to the acts of public or private property fraud as stipulated in Article 266 of the Criminal Law.