Judicial sword guards people's pension money

2022-05-12

Figure ①: the police of He County Public Security Bureau in Maanshan City, Anhui Province publicized fraud cases to the masses to help the elderly improve their ability to recognize and prevent fraud and avoid falling into the "routine" of pension fraud. Photo by Qin Zuquan (people's vision) Figure ②: Volunteers guide the elderly to use smart phones in Wangyuan village, Dagong Town, Hai'an City, Jiangsu Province. Photo by Zhai Huiyong (people's vision) Figure ③: urban landscape of Nanchuan District, Chongqing. Photo by Hu Bo (people's vision) "As long as the house property under your name is' mortgaged ', the company will pay you millions of yuan of interest, and then you can go to the company's nursing home for the elderly. After the expiration of the contract, the house will be returned, and it will not affect your continued residence during the contract period." Mr. Li wanted to provide for the aged with housing. After learning that, the "staff" of a company recommended a pension project to him. After listening to the introduction, Mr. Li signed a pension contract with the company. Unexpectedly, this is a scam. What Mr. Li signed is not a pension contract, but a house sales contract. In recent years, fraud in the name of "pension" has occurred from time to time. There are many tricks in fraud means such as "pension finance" and "pension products", which have caused property losses and spiritual blow to many elderly people. Recently, the six-month special action to crack down on pension fraud was officially launched. The special action adheres to publicity and education, cracking down on and regulating the "three arrows at once" in accordance with the law, severely punishes the illegal crimes of pension fraud in accordance with the law, extends the governance of fraud related chaos that infringes on the legitimate rights and interests of the elderly, and creates a good social environment for the majority of the elderly to enjoy a happy old age. Fraud cases involving the elderly show three characteristics The causes are diverse, the means are professional and the damage is huge "Ding!" With 1500 yuan returned to Ms. Liu's mobile phone account, the police once again told: "grandma, you must be more careful in investment and financial management in the future." Thinking about almost remitting nearly 40000 yuan of pension money, Ms. Liu said she was afraid to think about it. In April this year, Ms. Liu, in her 80s in Bincheng District, Binzhou City, Shandong Province, came to a bank outlet to apply for a bank card. Considering the actual situation of the elderly, the staff did not open mobile banking and online banking for her at that time. But the next day, the old man came to the bank again, asked to open online banking and mobile banking, and remitted 38300 yuan to an account. The staff felt that things were abnormal and asked the old man about the payee. The old man was vague. After assessment, the staff informed Bincheng Branch of Binzhou Public Security Bureau of the situation. The police learned that the "old man who made money in a wechat project" made the police know each other's "grandma Liu's family" one day ago. After listening to the introduction, grandma Liu paid the "course fee" of 1500 yuan to the "teacher" and was ready to "invest" 38300 yuan in online banking. After investigation, the police found that the so-called investment project did not exist at all, but a scam designed to lure the elderly to inject capital. The police quickly targeted the criminals and helped the old man recover the loss. At this time, the old man finally understood. For some time, in the face of huge pension needs, some criminals set traps and bluff by means of health training, product promotion and high return on investment under the banner of "serving the elderly" and "caring for the elderly". Recently, the report released by the China Association for aging and the China judicial big data research institute shows that fraud cases such as health tours and conference tours in the name of health lectures, expert consultation and free physical examination have increased in recent years; With the changes of family and marriage concepts, many widowed or living alone elderly people look for life partners through matchmaking platforms, networking activities and other ways, and there are also some money fraud behaviors of elderly people under the guise of marriage and love "Fraud cases involving the elderly mainly show three characteristics: first, the causes of fraud are diversified, mainly in the field of health care; second, the means of crime are specialized, and the criminal acts are clearly targeted; third, there are many victims, the amount of crime is large, and it is difficult to recover stolen goods and losses." Tan Jinsong, vice president of Beijing first intermediate people's court, said. According to statistics, since 2017, the national public security organs have cracked more than 4500 old-age fraud cases and arrested more than 11000 suspect. The special action clearly requires that a number of elderly care fraud criminal gangs should be eliminated as soon as possible, a number of criminals should be severely punished, a number of fraud related problems in the field of elderly care strongly reflected by the masses should be solved, a number of institutions and enterprises with hidden dangers of fraud should be rectified and standardized, the elderly's awareness of the rule of law and their ability to recognize and prevent fraud should be strengthened, and a long-term mechanism for safeguarding the legitimate rights and interests of the elderly should be improved. Severely punish the illegal crime of pension fraud according to law The public security, procuratorial and judicial organs cooperated with each other to fight and strike accurately, and made every effort to recover stolen goods and losses After the deployment of the special action, the Ministry of public security asked the national public security organs to strengthen the handling of clues, widely mobilize the masses, and timely find, verify and deal with the clues of illegal and criminal cases of pension fraud. At the same time, it has listed and supervised a number of major cases with major circumstances and bad influence, and severely punished the possible black and evil forces in the pension fraud criminal gangs in combination with the normalization of the fight against the black and white. The Supreme People's Court issued a notice demanding that the crime of pension fraud be severely punished according to law, focusing on all kinds of fraud crimes that infringe on the legitimate rights and interests of the elderly in the name of pension. For cases that cause serious economic losses and other serious consequences or adverse social impact, we should resolutely and severely punish them according to law, increase economic penalties such as fines and confiscation of property, and severely punish criminals. The Supreme People's Procuratorate printed and issued a plan to severely crack down on the crime of pension fraud according to law, strengthen prosecution, and focus on punishing all kinds of crimes such as fraud and fund-raising fraud that infringe on the legitimate rights and interests of the elderly in the name of providing "pension services", investing in "pension projects", selling "pension products (health care products, collectibles, etc.), and claiming" housing pension ". "Thanks to you, I recovered the pension money for me." Ms. Shen, an octogenarian in Yongkang City, Zhejiang Province, kept thanking the prosecutor for the heavy 110000 yuan. It starts in July 2018. Ye mouting opened a jewelry store in Yongkang City, claiming that the chicken blood jade sold in the store is beneficial to health and the investment can appreciate. Many elderly people rush to buy it, and Ms. Shen is one of them. Ye mouting drew closer to the elderly, gained their trust, attracted them to invest and illegally raised funds by organizing dinner parties for the elderly, free tours and giving away eggs, rice and oil. By may 2019, ye mouting and others illegally absorbed more than 2.1 million yuan from 91 elderly people. After the case was transferred to the procuratorial organ, Yongkang people's Procuratorate found that most of the fund-raising participants were retired elderly people over the age of 60, and most of the loss was the pension money they depended on for survival. Therefore, with the recovery of stolen goods and losses as the focus of handling the case, it contacted Ye's family members for many times to explain the criminal justice policy of tempering justice with mercy. Finally, ye mouting and others returned more than 2.1 million yuan of illegal income. In order to dispose of the property involved as soon as possible and effectively resolve social contradictions, after soliciting the opinions of the court, the procuratorial organ and the public security organ returned the funds involved to the injured elderly in the form of centralized return of stolen money in the process of examination and prosecution. "The procuratorial organ pays attention to giving full play to the advantage of 'the integration of arrest and prosecution', carries out the work of recovering stolen goods and losses throughout the whole process of handling the case, and returns the stolen money to the injured elderly in time according to law under the condition that the facts of the case are clear and do not affect the progress of the lawsuit, so as to truly realize the organic unity of the legal effect, social effect and political effect of handling the case." The head of the fourth case handling group of the fourth procuratorial Office of the Supreme People's Procuratorate said. Over the past two months, the supreme law has successively issued the decision on Amending the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases of illegal fund-raising and the opinion of the Supreme People's Court on Providing Judicial Services and security for the implementation of the national strategy to actively respond to the aging of the population. The former aims at the prominent problems of illegal fund-raising in the field of elderly care, Increase the situation of "illegally absorbing funds by providing 'pension services', investing in' pension projects' and selling 'elderly products', so as to provide a basis for punishing the crime of illegal fund-raising in the field of pension according to law. The latter requires to severely crack down on telecommunications network fraud against the elderly and" routine loan "in the name of" housing pension ". Smooth reporting channels and carry out extensive publicity and education activities Gather the joint force to crack down on and prevent crimes against the rights and interests of the elderly "Being cheated by the elderly is not as simple as being greedy for small and cheap. On the one hand, the elderly group has a relatively single channel to obtain information, has a slow adaptation to new technologies and new business forms such as online payment, and has a very limited understanding of the latest deception; on the other hand, they are particularly eager for health care, emotional communication and the appreciation of pension money. These characteristics provide an opportunity for swindlers." Liu Junhai, Professor of the Law School of Renmin University of China, said that in addition to strengthening the rectification and standardizing the development of the industry, we should also strengthen publicity and education, improve the self-protection ability of the elderly, and gather the joint force of the whole society to crack down on violations of the rights and interests of the elderly in accordance with the law. After the start of the special action, the central political and legal commission opened a "pension fraud" reporting channel on the 12337 intelligent reporting platform. The public can also reflect clues related to pension fraud through various channels such as the public security 110 alarm receiving and handling platform. Nantong police in Jiangsu Province mobilized grass-roots organizations, grid members and community property to play a role, issued risk tips and early warning information for the elderly "point-to-point", and launched a questionnaire campaign to crack down on pension fraud, so as to improve the elderly's awareness of fraud prevention in an all-round way. The policemen of Xigu District People's Procuratorate in Lanzhou City, Gansu Province walked into the community, explained the typical fraud cases around them to the elderly, and told the elderly not to be credulous, not to transfer money, and to keep their pension money. The Judicial Bureau of linli County, Changde City, Hunan Province actively carried out publicity activities to prevent pension fraud, and helped the elderly improve their awareness of the rule of law and identification ability by exposing the "routine" methods of pension fraud, so as to avoid infringement of their own rights and interests. Wang Shaozhong, vice president of China Association on aging, said that all sectors of society should provide more considerate services in the publicity of fraud prevention for the elderly. At the same time, children should also take the initiative to popularize the knowledge of fraud prevention and anti fraud to the elderly, talk more about social dynamics, remind more about risks, pay more attention to emotional needs, and improve the risk prevention awareness and legal rights protection ability of the elderly. (outlook new era)

Edit:sishi    Responsible editor:xingyong

Source:http://paper.people.com.cn/rmrb/html/

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