The People's Courts Weave the Network for the Protection of the Legal Rights and Interests of the Elderly
Severely crack down on pension fraud crimes according to law
□ Our reporter Zhang Chen
"As long as the property under your name is 'mortgage', the company will pay you millions of yuan in interest. After the contract expires, the house will be returned, and it will not affect your continued living during the contract period." A company "staff" introduced and signed a pension contract.
Unexpectedly, it was a scam. What Mr. Li signed was not a pension contract but a house sales contract.
In recent years, various fraudulent crimes in the name of "elderly care" have occurred from time to time.
In order to effectively safeguard the legitimate rights and interests of the elderly and the harmonious and stable development of society and economy, the people's courts have carried out special actions to effectively prevent and combat pension fraud.
unblocked green channel
In April this year, after the national deployment meeting for the special campaign to crack down on pension fraud was held, the Supreme People's Court issued a notice demanding that pension fraud crimes be severely punished in accordance with the law, with a focus on punishing all kinds of fraud crimes that infringe upon the legitimate rights and interests of the elderly in the name of pension.
Cases that cause serious economic losses and other serious consequences or bad social impact shall be resolutely and severely punished in accordance with the law, and at the same time, economic penalties such as fines and property confiscation shall be increased, and criminals shall be severely punished.
In order to smooth the "green channel" for the trial of pension fraud cases, the Chongqing Higher People's Court announced the reporting telephone number and email address as soon as possible, and widely solicited reporting clues from the public; Form a ledger and update it in real time with regard to the number, types, and circumstances of cases involving pension fraud; optimize the connection between trial and enforcement procedures, formulate a case-by-case handling schedule, clarify the time node for handling cases, and resolutely achieve quick establishment, quick trial, and quick Carry out special actions in a strong and orderly manner in accordance with the law.
In order to speed up the trial of elderly-related fraud cases, the Guangdong courts focused on the "six types of key points" determined by the Central Political and Legal Committee, and adopted methods such as leading cases, setting up special classes, wall chart operations, and front-line supervision, requiring all outstanding elderly-related fraud cases. Implement "one case, one policy", reverse the construction period, and achieve fast review and fast conclusion.
At the same time, it is required to strengthen the connection between trial and enforcement, and to speed up the trial of civil cases through the establishment of a work system for early intervention in execution, so as to achieve the same frequency resonance with criminal crackdown and rectification.
Strengthen the recovery of stolen goods
On the afternoon of May 20, the National Courts' Special Action Promotion Meeting on Combating and Remediating Elderly Frauds was held in the form of video. The special action was re-mobilized and re-deployed, and the phased goals and tasks of the crackdown on rectification were further clarified.
At present, the half-year special operation has turned into a key link of crackdown and rectification.
According to statistics, as of June 17, courts across the country have heard 432 first-instance criminal cases of pension fraud, and sentenced 773 people in 264 first-instance criminal cases.
Among them, the Higher People's Court of Jiangsu Province and the courts of Nanjing, Suzhou and other places collectively pronounced 5 cases of pension fraud, involving nearly 2 billion yuan, involving more than 1,500 elderly victims, and 19 defendants were sentenced respectively, with a maximum sentence of life imprisonment.
"We have always put the recovery of stolen goods and damages as the top priority of our work, and throughout the special campaign, we have strengthened the connection between trial and execution, established a 'green channel' for enforcement, and comprehensively used various means to increase the efforts to recover stolen goods and damages." Supreme Court Criminal The person in charge of the three tribunals told the "Rule of Law Daily" reporter that the Jiangxi court handled the "Old Qingxiang" extraordinarily large illegal fund-raising case. Under the leadership and coordination of the local party committee and government, the coordination and cooperation with the functional departments were strengthened, and the executed amount was more than 269 million yuan. After being dealt with smoothly, the representatives of the elderly victims sent pennants to the local party committee, government and court to express their gratitude.
The Sichuan court tried and enforced the illegal fundraising case of "Gui Senyuan", accelerated the verification and disposal of the property involved, and has cashed out 104 million yuan for more than 1,100 fundraising participants.
The Hubei court tried the fraud case of Liu Miao and others, and made full use of the leniency system for confessing guilt and punishment, prompting the criminals to return all their stolen goods. Within two months, they recovered more than 770,000 yuan of economic losses for 67 elderly victims.
Squeeze the cheating space
Not long ago, the People's Court of Meixian County, Shaanxi Province issued a judicial proposal to the postal administration to prevent pension fraud, suggesting that it strengthen the supervision of the logistics and express delivery industry to prevent lawbreakers from exploiting the management loopholes in the express delivery industry to defraud the elderly.
This is not an isolated case in the country.
"Courts at all levels, based on the social governance loopholes and weak links found in the handling of cases, studied and analyzed common problems, put forward targeted opinions and suggestions, and sent more than 40 judicial suggestions to relevant functional departments to further promote industry standardization and help improve social governance capabilities and The level of governance is modernized," said the person in charge of the third Supreme Court of Justice and Criminal Justice.
Recently, the Supreme People's Court 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 "Supreme People's Court's Decision on Providing Judicial Services and Guarantee for the Implementation of the National Strategy for Actively Addressing Population Aging". In view of the outstanding problem of illegal fund-raising in the field of elderly care, the former adds the case of "illegally absorbing funds by means of providing 'age services', investing in 'care projects', and selling 'products for the elderly'". According to the latter, the latter requires a severe crackdown on illegal and criminal acts such as telecommunication network fraud targeting the elderly and "routine loans" in the name of "house-for-age care".
The person in charge of the Third Supreme Court and Criminal Court suggested: "All sectors of society and the people should take active action, participate in the special operation, increase their understanding and support for this special operation, and actively expose clues to old-age fraud and crimes, so as to maximize the suppression of crimes. There is a space for the elements to cheat, and a strong atmosphere of "dare not to cheat, can't cheat, can't cheat" is formed in the whole society, and we will jointly win the people's war against pension fraud."
The reporter learned from the Supreme People's Court that in the next step, the people's courts will continue to maintain a high-pressure situation, severely punish pension fraud crimes in accordance with the law, highlight the key points of crackdown, handle cases in strict accordance with the law, take the recovery of stolen goods and recover losses as the top priority of special actions, and further weave the elderly. Legal rights protection network.