Illegal. According to the interpretation of Article 266 of the Criminal Law of People's Republic of China (PRC), defrauding social insurance or other social security benefits by fraud, forgery of certification materials or other means belongs to the act of defrauding public and private property as stipulated in Article 266 of the Criminal Law.

Article 61 of the "Regulations" stipulates that social insurance business is handled by means of fraud, forgery of certification materials, fraudulent use of other people's documents, and fictional labor relations. , social insurance administrative departments, social insurance premium collection agencies, social insurance agencies will not handle, and relevant information will be recorded in their credit files; If the circumstances are serious, a fine of not less than one time but not more than three times the amount involved shall be imposed.

Whoever defrauds social insurance benefits by means of fraud, forgery of certification materials, fictional labor relations, etc., shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and shall be fined 2 times to 5 times the amount defrauded.

Related clauses

Article 21 of the Regulations stipulates that the employer shall register social insurance in accordance with the regulations, truthfully declare and pay social insurance premiums in full and on time. No unit or individual may commit any of the following acts:

(1) Concealing or omitting the payment base and number of social insurance premiums, or refusing to fulfill the obligation of social insurance registration and payment in the form of granting subsidies or signing agreements; ?

(2) Obtaining the qualification of social insurance participation and payment through fictitious labor relations or forged certification materials;

(3) Forging or altering personal files, identity certificates, medical records, expert opinions, payment vouchers, information and data, etc. Defrauding social insurance benefits;

(4) Repeatedly receiving social insurance benefits in violation of regulations;

(five) fraudulent use of other people's identity and social insurance vouchers to defraud social insurance benefits;

(6) Lending my social insurance certificate to assist others or units to defraud social insurance benefits;

(seven) concealing the fact of losing the conditions for receiving social insurance benefits;

(eight) other acts that infringe on the safety of social insurance funds.

Article 38 of the Regulations stipulates that when handling a case, the social insurance administrative department finds that a unit or individual is suspected of social insurance fraud, it shall transfer the case to the public security organ at the same level according to law.

Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law

Baidu Encyclopedia-Regulations for the Implementation of Social Security Law