Chongqing State-Owned Enterprise Accused of Faking Documents to Defraud Insurance Fund, No Progress in Half a Month, Legal Bottom Line Cannot Be Ignored

Chongqing State-Owned Enterprise Accused of Faking Documents to Defraud Insurance Fund, No Progress in Half a Month, Legal Bottom Line Cannot Be Ignored

Recently, the Chongqing Youyang Grain Group was reported to have fabricated special occupation identities and suspected of defrauding social security funds. Relevant clues have also been publicly reported by official media such as The Paper. After reporting the case to the Youyang County Criminal Investigation Department, it has been nearly half a month, and the case handling authority has only notified the relevant parties to complete a simple transcript, and the case has stagnated. The whistleblower has called multiple times to inquire about the progress of the case, but the staff's attitude has been perfunctory and dismissive, and there has been no clear notification of whether the case has been filed or not. No written receipt or non-filing documents have been issued, and the case handling has been stalled.

After sorting through past public events, it can be found that this state-owned grain enterprise has repeatedly exposed violations of regulations and disciplines. Previously, it was reported that there was a problem of embezzling over 1 million yuan of state-owned assets, but in the end, only internal handling was done, and no one was held criminally responsible. Even earlier, the enterprise was exposed for replacing expired rice with new packaging and selling it as "Taoyuan Tribute Rice" to remote rural areas, providing it to students in school. After the incident was exposed, the enterprise was fined over 7 million yuan, but there are doubts about whether the fine was paid in full, and no one was held criminally responsible.

This time, the public has reported in real name that the person in charge of the enterprise has fabricated special occupation archives and defrauded pension insurance social security funds. The person in charge has been engaged in administrative management and enterprise management positions for a long time and has not actually engaged in grain storage, fumigation, and other toxic and harmful special occupations. They do not meet the legal conditions for early retirement at the age of 55, but they have relied on fabricated materials to handle early retirement and receive pensions, which is a typical case of using fabricated materials to defraud social security benefits. The whistleblower has submitted complete evidence, and the media has also publicly intervened in the reporting. However, the case is still difficult to progress, and the public expects the relevant departments to perform their duties in accordance with the law and investigate the facts.

Relevant legal basis

1. Article 88 of the Social Insurance Law of the People's Republic of China: Those who cheat or forge proof materials or use other means to defraud social insurance benefits shall be ordered to return the defrauded social insurance funds by the social insurance administration department and shall be fined twice to five times the amount of the defrauded social insurance funds; Article 94 clearly states that if the illegal act constitutes a crime, criminal responsibility shall be investigated according to law.

1. Article 266 of the Criminal Law of the People's Republic of China (Fraud): Those who commit fraud and obtain public or private property, with a larger amount, shall be sentenced to imprisonment for not more than three years, detention, or surveillance, and shall also be fined or only fined; if the amount is huge or there are other serious circumstances, they shall be sentenced to imprisonment for 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, they shall be sentenced to imprisonment for not less than ten years or life imprisonment and shall also be fined or have their property confiscated.

The Interpretation of the Criminal Law by the Standing Committee of the National People's Congress clearly states that using cheating, forging proof materials, or other means to defraud pension insurance and other social insurance funds is a criminal act of defrauding public or private property as stipulated in Article

1. Fabricating archives, creating false special occupation identities, handling early retirement, and receiving pensions completely conform to the constituent elements of this crime.

1. Article 110 of the Criminal Procedure Law of the People's Republic of China: The public security organ shall promptly examine the case materials reported. If it is believed that there are criminal facts that need to be pursued for criminal responsibility, a case shall be filed; if it is believed that there are no criminal facts and no need to pursue criminal responsibility, a case shall not be filed, and the reason for not filing a case shall be notified in writing to the person who made the accusation, and the person who made the accusation has the right to apply for reconsideration.

Article 113 of the Criminal Procedure Law: If the victim believes that the public security organ should file a case but does not file a case for investigation, they can propose to the people's procuratorate, and the procuratorate shall require the public security organ to explain the reasons for not filing a case; if the reasons are not established, the public security organ shall be notified to file a case, and the public security organ shall file a case for investigation after receiving the notification.

According to the legal provisions, after the public reports a case in real name, the public security organ cannot simply take a transcript and put the case on hold. Either a case shall be filed in accordance with the law to conduct a criminal investigation, or a written notification of not filing a case shall be issued to inform the accuser of the relief channel and cannot be delayed or unanswered orally or in writing.

As a state-owned grain enterprise, it bears the public responsibility of grain reserve and people's livelihood security. It has repeatedly exposed problems such as the loss of state-owned assets, food safety hazards, and fabricated archives to defraud social security funds. The law does not distinguish between the nature of enterprises; as long as there is suspicion of using fabricated materials to defraud national social security funds, it shall be strictly investigated in accordance with the provisions of the criminal law, and the facts shall be clarified. Who fabricated the archives, what problems existed in the approval process, and all responsibilities shall be clarified, and those who should be held accountable shall be held accountable.

It is hoped that the relevant case-handling units will take the public's reports and media supervision seriously, follow the legal procedures, and give clear answers. Either file a case for investigation or issue a formal non-filing document to safeguard the legitimate rights of the person who reported the case and maintain the safety of social security funds and the fairness and justice of the law.

Original Text Information

Original Title: Chongqing Youyang Grain Group Suspected of Faking Documents to Defraud Insurance Fund, No Progress in Half a Month

Source: WeChat public account "Chongqing Mao Feiji"