After the endowment insurance lies "wear the help" ...

▶ Knowing that I do not meet the conditions of handling, I am still lucky. Please ask others to go through the one -time replenishment of employees' endowment insurance premiums, but do not want to encounter scams.

▶ After the scammers were rope, some victims filed a civil lawsuit in order to recover the losses as soon as possible, and the introducer would sue the court to pursue the cost of pension insurance.

▶ After the prosecutor accepted the supervision application of the introducer Jiang, the review found that this is not an ordinary supervision case ...

"In recent years, some rural residents who are not eligible have the fluke of" drilling empty "and ignore legal risks. Please ask non -endowment insurance agencies or personnel to apply for one -time replenishment of employees' pension insurance expenses to try to earn national basic endowment insurance benefits. . Once the lies of endowment insurance '"wear help', many 'victims' claims to apply for endowment insurance costs often flood to judicial organs in the form of cases to form a huge hidden danger of social instability." Li Runlong, a member of the Procuratorate of the Taixian Procuratorate and a prosecutor of the Second Procuratorate, introduced to reporters a case of recently being prosecuted by the Supreme Prosecutor's Investigation Procuratorate.

402 people were deceived more than 18 million yuan

"Comrade prosecutor, we know that it is wrong, but most of the insurance premiums have been deceived by Zhou. The court's criminal judgment has sentenced Zhou to retreat, but civil judgments have been judged to bear all the responsibility for refund. So many people sue us. , Even if you lose your family, you can't afford it! "On March 13, 2019, Jiang, who lived in Jining City, Shandong Province, came to the Yutai County Procuratorate to apply for a case of incorrect disputes with Qin to supervise the dispute with Qin. Crying.

After the prosecutor Li Runlong read the thick dossier materials, he felt that this was not an ordinary supervision case. The source of civil lawsuits was a fraud case with Zhou as the defendant.

The prosecutor learned that when Zhou worked at Jining's labor development company, Zhou had privately handled the employee endowment insurance for others in violation of regulations. After the company discovered, it fired Zhou. However, Zhou did not think about repentance. After being fired, he still used his former identity and convenient business conditions to take the purpose of illegal possession and adopted the fact that fictional procedures and seals were used. With the promise of paying for 15 years or 20 years of pension insurance, you can receive a high amount of high pension. It is introduced directly or indirectly through Jiang, Qin, Tian, ​​etc., and cheated. 402 people's insurance premiums totaling more than 1,800 million yuan.

Due to the huge case value, the Yutai County Procuratorate approved Zhou for suspected fraud, and was sent to the Jining City Procuratorate for review and prosecution. As an introducer, Jiang, Qin, and others, because they did not have the subjective requirements of criminal crimes, the hospital made a decision to not investigate criminal liability.

On December 21, 2015, Zhou was sentenced to life imprisonment by the Jining Intermediate Court for fraud, deprived of political rights for life, and confiscated all personal property; he continued to recover more than 1,800 million yuan in crimes. As one of the introductors, Jiang thought that the case ended there, but something unexpected happened.

Before and after the criminal judgment, nearly a hundred victims who "heard the case" had brought the introducer to court in order to recover the losses as soon as possible, asking the introducer to return the fees delivered to be supported by the court. Jiang was one of the defendants in Zhang. Because he did not participate in the trial, Jiang had missed the appeal when he learned that the verdict was missed, and he was rejected by the court for retrial. Jiang was afraid and anxious, and decided to apply to the procuratorate to apply for supervision at the procuratorate after consulting the legal professionals.

Do you want to protest? Prosecutors have different opinions

After accepting Jiang's application, Yutai County Procuratorate hosted the prosecutor for review and inspection, and Zhou claimed that he could handle special types of pension insurance for rural residents through a one -time replenishment fee. Search for people with demand. Qin later introduced this "good thing" to Zhang. Zhang Mouming knew that he did not meet the conditions of handling, and was still lucky, and gave 65,000 yuan to Qin. Qin issued a collection to Zhang and gave 55,000 yuan to Jiang. After Jiang got the money, he left 10,000 yuan and gave it to Zhou Mou 45,000 yuan.

After investigating Zhou, the Public Security Bureau of Yutai County on suspected fraud, Qin returned Zhang Zhang's cash of 10,000 yuan. In order to recover the remaining 55,000 yuan as soon as possible, Zhang sued to the Yutai County Court and requested the court to order Jiang and Qin to return the 55,000 yuan pension insurance for Jiang and bear the cost of litigation. The Yutai County Court tried that the plaintiff was not met in the case of the plaintiff, and the defendant still agreed to handle special pension insurance for the plaintiff for the plaintiff. The court also believes that according to Article 92 of the Civil Law, if there is no legal basis and obtain improper benefits, and cause losses of others, the improper benefits obtained should be returned to those who suffer. The defendant Qin and Jiang, the defendants in this case, jointly handled the cash of 65,000 yuan for the pension insurance for the plaintiff. The defendant Qin had refunded 10,000 yuan. Yuan Yu returned. The plaintiff's claim had sufficient evidence to confirm and support it according to law. The defendants Qin and Jiang were legally summoned by the Yutai County Court to refuse to participate in the lawsuit without justified reasons. They were deemed to abandon the right to litigation and should be absent from the judgment. A cash of 55,000 yuan. After the verdict came into effect, Jiang and Qin were rejected by the re -audit of the Yutai County Court. The prosecutor also found out that Jiang and Qin were not only sued by Zhang, but later the victims of many other criminal cases sued to the Yutai County Court for the same reason. The court also made the same judgment. However, after Jiang and Qin appealed by Jiang and Qin, the Jining Intermediate Court all made the decision on the grounds that "the criminal judgment has made continued recovery of the victim's losses, and then the prosecution does not meet the scope of the civil case of civil cases". The sentence was rejected. However, in the similar cases of Tianmou's appeal, the Jining Intermediate Court made a ruling of the original judgment.

"This is a typical criminal crossing case. There are different judgments in the same case. They should be proted in accordance with the subsequent referee views of the intermediate court." Some prosecutors participating in the joint meeting of the prosecutor's joint meeting proposed. There are also different opinions of prosecutors: "We are not a state -of -the -case country. Besides, the county courts have known that the higher court has made a judgment of other similar cases that appealed to the two. Careful. "Some prosecutors were worried:" Should we consider the social effect of handling the case? We ask the protest to let the outside world have the idea of ​​talking to 'bad guys' ... "For a while, the prosecutor's opinions different opinions from different opinions. The case review was deadlocked.

Borrowing the "outer brain" to find the supervisory fulcrum

In order to prevent everyone from having a bias in their understanding, and to make the inspection of the case handling, Yutai County Procuratorate exerts the advantages of integrated case handling mechanism, and reports the case to the Jining Procuratorate. Wait for the common "pulse" to propose professional opinions on issues such as policies in the case, judicial judgment, and application of law.

By borrowing the "outer brain", the Yutai County Procuratorate has a new understanding of the "anti -point": the case is not an lonely case, the case is complicated, widely involved, and "resistance" should be clear. "Lessic", realize the supervision effect of "handling a case and governing one". Since there is no controversy about the facts of the case, the problem must be in the fact that the "interest orientation" must be different from the fact that it is different from the differential law.

After some "brainstorming", everyone has reached a consensus: the basic pension insurance system for urban employees implemented by the state is a national policy and cornerstone for ensuring that employees are raised, and no one is allowed to "drill empty." Procuratorate is a state's legal supervision organs that assume responsibilities to prevent and punish crimes and supervise litigation activities in accordance with the law. It is an important force to protect the national interests and social public interests. In this case, in the face of an attempt to destroy the basic endowment insurance system of urban employees, we must not sit at the same time. Article 6 of the Civil Law Pass stipulates that civil activities must abide by the law. If the law does not stipulate, it shall abide by national policies.

The Yutai County Procuratorate reviewed that when Zhang knew that he did not meet the conditions of handling, Zhang still passed the one -time repayment procedures and paid fees through the staff of the non -endowment institution. The behavior of getting the country's basic pension insurance benefits is not protected by civil law.

The court also pointed out that without Zhou's involvement in criminal criminal cases, the court of first trial determined that the original and the defendant knew that the plaintiff did not meet the conditions of handling, and still agreed to handle the plaintiff for pension insurance. Based on the facts that damage the national interests, the relevant provisions of the Civil Law Pass to declare that the civil behavior is invalid, rather than the relevant provisions of the "improper profit" that has nothing to do with the facts of the case requires a unilateral return to property. In this case, it is precisely because of Zhou's criminal case of criminal criminal cases that Zhang's asking behavior was used by Zhou, which constituted part of the facts of fraud and crime. Essence The money of the court of first trial judged by Jiang and Qin was refunded. It was a criminal income from the insurance premiums paid by Zhang and Qin to Zhou by Jiang and Qin. At present, the criminal judgment has continued to recover the entire property loss of 402 victims including Zhang, so the "rights and interests" claimed by Zhang should be handled and implemented by the criminal judgment and implementation. Prosecutors attended the retrial court to perform their protest duties

Based on the above opinions, the Yutai County Procuratorate asked Zhang and Qin to apply for a supervision case in the improper favorable dispute, and asked the Jining Procuratorate to protest. The Jining Procuratorate was reviewed and filed a protest to the Jining Intermediate Court in accordance with the law. The Jining Intermediate Court ruled that the case was filed.

Further expand the coverage of the case of the case

After the prosecution was proposed, the procuratorial organs took the initiative to dock with the court to exchanged opinions on the in -depth opinions of the case of the case, the essence of the national endowment insurance policy, the essence of dispute issues, and the level of legal and interest.

The Jining Intermediate Court has fully adopted a protest opinion that there is no legal civil legal relationship between Zhang and Jiang and Qin. It is actually a criminal income in criminal cases. The outsider Zhou had been sentenced to life imprisonment for criminal fraud, deprived of political rights for life, and confiscated all personal property. The criminal case was also judged to continue to recover Zhou's criminal income and return the victim. Zhang, Jiang, and Qin all knew that Zhang did not meet the conditions of handling, and still maliciously colluded with maliciously in an attempt to harm national interests and violated public order and customs. Zhang's rights in this case were not protected by civil law.

On December 9, 2019, the Jining Intermediate Court retrial ruling: The original judgment was revoked and Zhang's prosecution was rejected.

After the case was changed, both parties were convicted, but the work of the procuratorial organs did not end the case -to supervise the case of cases through procuratorial suggestions; resolve the doubts and misunderstandings of the parties and the public about judicial justice; , A number of other similar cases that still exist into the introduction of the retrial procedures for the introduction of different cases; in response to the pension management loopholes and social governance issues exposed in the case, actively extend the tentacles of the work, do a good job of "the second half of the article", and strive to achieve it. The effect of the case of "Act Prosecution and Warning".

The Yutai County Procuratorate organized a symposium on illegal crimes in the field of pension insurance.

The reporter learned that on April 25 this year, the Yutai County Procuratorate invited the Social Pension Insurance Economic Office, public security organs, courts, judicial administrative organs, etc. to hold symposiums to combine the special operation of "combating pension fraud" nationwide and targeting pension care for the elderly. The root causes of the problem of cases in the insurance field, the source, form of expression, prevention measures, etc. The source governance of the sources is conducted. On the one hand, the people of the general public can fully understand the importance of the national basic pension insurance system, achieve integrity and law, and promote the core values ​​of socialism; On the other hand, it is reminded that departments with supervision responsibilities should take the lead in performing their duties, take the lead in implementing the national basic pension insurance policy, squeeze the space for criminals, eliminate the soil that breeds illegal crimes, and ensure that the people live in peace.

In order to further expand the coverage of the interpretation method, the police officers of the Yutai County Procuratorate combined with the "Procuratorate Open Day", "Public Opinion '5' to Listen" and the "promoting filial piety culture, safeguarding the legitimate rights and interests of the elderly" activity in the county, and entered. Village, communities, and enterprises carry out publicity of law popularization, distribute publicity materials, expand the conditions for the conditions of pension insurance insured personnel, and make up the policies. Co -guard the safety of the national basic endowment insurance.

Perform duties in accordance with the law

Maintain social harmony and stability

Zhang Rao, Attorney General of Yutai County Procuratorate, Shandong Province

Based on the procuratorial function of our hospital, the punishment and the people were dealt with together, which severely punished fraud criminals, but also supervised and corrected a number of civil cases of inappropriate disputes derived from criminal cases. The agency defends the firm position of the basic endowment insurance system for urban employees. It plays a better role in the rule of law publicity and education in accordance with the law in accordance with the law in accordance with the law in accordance with the law in accordance with the law.

In the process of handling civil procuratorial supervision cases in accordance with the law, the procuratorial organs must strictly apply the law on the one hand, from the authenticity and logic of evidence materials, the connection between evidence, and the legality of the collection of evidence materials. Strict review to ensure the unified implementation of the law and maintain judicial authority; on the other hand, we must adhere to the case of the case, and use lively cases to guide the people to promote the core values ​​of socialism, consciously respect the law, and safeguard social public interests.

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