Conviction Of Pension Swindle By Using Fake Identity Information

In the process of handling corruption cases, due to the specificity of the criminal’s crime purposes and the complexity of crime behaviors, there appear deviations in many cases in which the identification of corruption is required. Therefore, there are some distinctive results. Whether there is a crime or not or what crime it is can not be identified. Lin helped Xiong get insured by using the identification information of other villagers. Some representative issues which can identify the corruption come out. The variable in corruption crimination can be identified by analyzing this case, which is of great significance in practice.This thesis is divided into four parts. The first part introduces the basic facts and different opinions. The disputed focus is refined on this base. By analyzing this case, the four different opinions about the identification of this case in judicial practice come out and the focus of the case is pointed out. The second part analyses the case by using the legal principles. The analysis is about the identification of getting endowment insurance money by using other villagers’ ID information. First of all, the thesis analyses the meaning of illegal possessions and points out the situation in which the third party possesses something with the purpose of illegal possession, besides, the doer himself should be the interest unity with the third party and should be the prior to control the public possessions which are illegal possessed. Secondly, the thesis analyses the behavior of getting endowment insurance money by using other’s ID information based on the understanding of illegal possession to identify whether it is corruption whether the non-national staff can commit the corruption and points out the non-national staff can commit the corruption crime together with the national staff. The third part gets the conclusion of this case based on the theoretical analysis in the text before. This part identifies the Lin’s and Xiong’s behaviors based on the crime purpose of corruption, the difference between the corruption and the bribery, the conditions of a non-national staff committees corruption and Lin’s and Xiong’s behaviors. The fourth part discusses the theoretical value and the practical meaning of this case, pointing out the limitations of the illegal possession is regarded as the possession of the doer himself and the methods of understanding the purposed of illegal possession in the right way.