Social insurance is the most important part of China's social security system, which protects the interests of the missing insured in medical care and pension. But in real life, some people cheat social insurance for their own personal interests, so how to punish the behavior of cheating social insurance? Let me answer for the reader.

How to punish cheating social security?

How to punish fraudulent social insurance benefits depends on the circumstances of fraudulent insurance. If it does not constitute a crime, it may be fined and its illegal income confiscated. If it constitutes a crime, it shall be punished as fraud.

legal ground

Social insurance law

Article 88 Anyone who defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and shall be fined at least two times but not more than five times the amount defrauded.

Regulations on labor security supervision

Article 27 If an employer conceals the total wages or the number of employees when reporting the amount of social insurance premiums to the social insurance agency, the administrative department of labor security shall order it to make corrections and impose a fine of not less than 0 times but not more than 3 times the total wages.

Defrauding social insurance benefits or defrauding social insurance fund expenditures, the administrative department of labor security shall order it to be returned, and impose a fine of not less than 0 times but not more than 3 times the amount defrauded; If a crime is constituted, criminal responsibility shall be investigated according to law.

criminal law

Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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. Where there are other provisions in this Law, such provisions shall prevail.