I. Overview of the case
Zhang, a resident of a city, once worked in a company and left voluntarily for personal reasons. In order to receive unemployment benefits, Zhang forged the unemployment certificate and the certificate of termination of the labor contract, fabricated the reasons for unemployment and applied for unemployment benefits from the local social security department. The social security department found no abnormality in the audit and paid unemployment benefits to Zhang. However, in the follow-up spot check, the social security department found Zhang's forgery, revoked his unemployment benefits according to law, and imposed administrative penalties on him.
Second, the case analysis
In this case, it is illegal for Zhang to defraud unemployment benefits by forging proof materials and fictional unemployment facts. According to relevant laws and regulations, defrauding unemployment benefits belongs to social insurance fraud and should be punished by law. After discovering Zhang's illegal behavior, the social security department cancelled his unemployment relief in time and imposed administrative punishment on him, thus safeguarding the fairness and justice of the social security system.
Third, prevention and enlightenment.
In order to prevent similar acts of defrauding unemployment benefits, we should strengthen the publicity and education of the social security system and improve the public's knowledge and understanding of the social security system. At the same time, the social security department should improve the audit mechanism, strengthen the verification of the authenticity and integrity of the application materials, and prevent the acts of forging materials and fabricating facts. In addition, the illegal acts found should be dealt with seriously according to law to form an effective deterrent effect.
To sum up:
The typical case of defrauding unemployment benefits reveals the serious problem that some people use illegal means to defraud the national unemployment insurance fund for personal gain. In order to maintain the fairness and justice of the social security system, we should strengthen publicity and education, improve the audit mechanism, and seriously deal with illegal acts according to law.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 88 provides that:
Whoever 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 a fine of not less than two times but not more than five times the amount defrauded shall be imposed.
Criminal law of the people's Republic of China
Article 266 stipulates that:
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.