我国欺诈骗保犯罪法律规制研究

Research on the Legal Regulation of Medical Insurance Fraud Crime in China

我国基本医疗保险诈骗犯罪的法律规制,存在医疗保险诈骗的特殊性难以体现、侵害法益的主次地位难以明确等问题。本文通过对我国基本医疗保险诈骗犯罪的法律规制方式进行分析,探究现行规制的不足之处,提出增设欺诈骗保罪、完善欺诈骗保行刑衔接工作机制等建议,以期为加强我国医保基金监管提供理论依据。

There are some problems in the legal regulation of basic medical insurance fraud in China,such as the difficulty in reflecting the features of medical insurance fraud, and in defining the primary and secondary status of infringement of legal interests. This paper analyzes the legal regulation methods of the basic medical insurance fraud crime in China, explores the shortcomings of the current regulation, and puts forward suggestions such as adding the crime of medical insurance fraud, improving the working mechanism of the link between the administrative and penal execution of the fraud, which will provide a theoretical basis for strengthening the supervision of the medical insurance fund in China.