Establish a risk management and control list to strengthen territorial disposal responsibility
Market regulators crack down on pension fraud
core reading
The State Administration for Market Regulation instructs local market supervision departments to establish risk management and control lists based on local conditions, and determine the fraud risk levels of relevant institutions and enterprises one by one from the clues in the ledger. Fraud, illegal additions and other illegal acts, make full use of legal weapons, and handle cases in strict accordance with the law.
□ Our reporter Wan Jing
In recent years, there have been more and more fraudulent and criminal acts against the elderly. The criminals use the guise of old-age care or take advantage of some elderly people's loneliness, longing for health, and love to take advantage of "little advantages" to carry out fraud and give many elderly people. It brought a lot of economic losses and mental suffering.
In order to implement the spirit of the national special action deployment meeting to combat and rectify pension fraud, local market supervision departments have made detailed arrangements according to the characteristics of cases within their jurisdictions, implemented the crackdown on pension fraud, responded to the voices of the masses with practical actions, and safeguarded the legitimate rights and interests of the elderly.
Strengthen supervision and inspection
The market supervision system of Kunming City, Yunnan Province has taken practical measures to carry out industry rectification in the field of market supervision by extensively collecting clues on problems in the fields of "food" and "health products" related to the elderly, and increasing supervision and inspection.
Specifically, it includes: focusing on the supervision and inspection of health food production enterprises, the safety inspection of "food" and "health food" related to the elderly in the circulation, and strengthening the monitoring and supervision of advertisements related to "food" and "health products" related to the elderly. The hidden dangers of fraud in the fields of food” and “health products”.
Since the launch of the special action, market supervision departments at all levels in Kunming have inspected more than 1,600 households of various old-related market entities.
In terms of clue collection, the Kunming market supervision department has widely publicized the 12337 intelligent reporting platform and the 12315 consumer complaint reporting hotline through posters, brochures, WeChat public accounts, etc., to increase public awareness and expand clue sources.
In addition, the market supervision department actively entered the market and the community, and popularized the main types, common methods and preventive measures of pension fraud to the elderly.
The Shenyang City Market Law Enforcement Corps of Liaoning Province aims at illegal travel agency business, "unreasonable low-cost tours", counterfeit art repurchase and other violations of laws and regulations, and makes every effort to arrange tourism annual cards, membership cards and other large-scale funds and high-value Hidden problems such as rebates.
Local law enforcement officers flexibly used on-site inspections, online inspections, unannounced visits, and public reports to investigate clues to the case, and sorted out 563 complaints and reports in the past two years.
Up to now, the 12337 reporting platform has investigated and verified 4 "elderly-care fraud" cases; investigated and dealt with 1 administrative penalty case; investigated and dealt with a cultural tourism development company operating a travel agency business without a license, and 22 travel memberships handled by 19 seniors The card fee of 121,800 yuan has been fully supervised and returned.
On July 7 this year, the "Yulin City Anti-fraud and Fraud Prevention Elderly Consumer Education Demonstration Base" organized and constructed by the Yulin City Market Supervision Bureau of Guangxi Zhuang Autonomous Region was unveiled. This is the first anti-fraud and fraud prevention elderly consumer education demonstration base in Guangxi.
The base provides a platform for the elderly to learn and exchange anti-fraud and anti-fraud experience through anti-fraud common sense, typical case publicity, physical display, film and television exhibition, etc. "Retirement money".
The Qiandongnan Prefecture Market Supervision Bureau of Guizhou Province organized market supervision and law enforcement officers at the state and county levels to conduct self-examination and self-correction in key areas such as aged food, health care products, medicines, and medical devices, focusing on old food, health care products, medicines, etc. The production and sales of related products in the business premises, the establishment of a problem ledger in a standardized manner, and the implementation of ledger-style supervision, project-based promotion, and closed-loop management.
Establish a regular reporting system
In April this year, the national deployment meeting for the special action to crack down on pension fraud was held in Beijing.
The meeting proposed that it is necessary to severely punish the illegal and criminal old-age fraud in accordance with the law, to extend the management of the fraudulent disorder that violates the legitimate rights and interests of the elderly, and to create a good social environment for the elderly to enjoy a happy old age.
From three aspects: adhering to publicity and education, cracking down in accordance with the law, and rectifying regulations, the meeting emphasized the need to target fraudulent apps for the elderly, illegal elderly care service institutions, false propaganda of commercial housing, tourism projects and art operations related to the elderly, unauthorized medical treatment by unqualified medical institutions, and illegal services. Carry out key rectification of old health care products, illegal fundraising and other chaos, and strengthen hierarchical and classified disposal to ensure that the rectification is in place.
Since the launch of the special action, the State Administration for Market Regulation has attached great importance to it, set up a special work class, formulated and issued the Action Plan of the State Administration for Market Regulation to Implement the "Overall Plan for the National Special Action to Combat and Remediate Elderly Frauds", and the "Special Action of the Market Supervision System to Combat and Remediate Elderly Frauds". Work Plan" and "Market Supervision System Publicity Work Plan for Special Action to Combat and Remediate Pension Fraud".
In order to promote the normalization of the rectification of problems in the fields of food and health care products for the elderly, the State Administration for Market Regulation will also crack down on the rectification of pension fraud, and cooperate with the ongoing "iron fist" action to investigate and handle cases in the field of people's livelihood, special anti-unfair competition law enforcement actions in 2022, and the food sector. Actions such as "keeping the bottom line, checking for hidden dangers, and ensuring safety" have been organically integrated.
In addition, the Law Enforcement and Inspection Bureau of the State Administration for Market Regulation has established a regular reporting system for accepted clues, and strengthened territorial inspection and disposal responsibilities by means of listing supervision and case guidance. It has played a "baton" role in vigorously cracking down and rectifying the phenomenon of old-fashioned fraud in various places.
The State Administration for Market Regulation also instructs local market supervision departments to establish risk management and control lists based on local realities, and determine the fraud risk levels of relevant institutions and enterprises one by one from the clues in the ledger, emphasizing grading and classification disposal, and dealing with discovered false propaganda, false illegal advertisements, Consumption fraud, illegal additions and other illegal activities, make full use of legal weapons, and handle cases in strict accordance with the law.
At the same time, the State Administration for Market Regulation strengthens the supervision of the production and operation of food and health products, strengthens food supervision and sampling inspections and health care product quality supervision and sampling inspections. Included in the "National Key Industrial Product Quality and Safety Supervision Catalog (2022 Edition)", including old-fashioned mirrors, elderly shoes and other elderly products in the 2022 national product quality supervision and inspection plan, and the results of supervision and inspection will be announced in a timely manner.
Improve the social support system
With the improvement of social living standards in my country, the elderly have more needs and expectations for the elderly care industries such as medical care, insurance, and health food.
It is against this background that some criminals who are greedy for profit have also seen the huge "business opportunities", and they have tried every means to take advantage of the emptiness and lure the elderly with their belongings.
According to Liu Junhai, a professor at the Law School of Renmin University of China, the current phenomenon of "elderly-care fraud" breeds in all kinds of fraudulent apps targeting the elderly, illegal elderly care service agencies, illegal insurance agencies "insuring on their behalf", tourism projects related to the elderly and art business, Unqualified medical institutions are among the chaos such as unauthorized diagnosis and treatment, health care products for the elderly, and illegal fund-raising.
These illegal and criminal activities intersect with normal social life and are difficult to identify.
Liu Junhai believes that the reason why the phenomenon of "elderly care fraud" occurs frequently and has succeeded many times can be explained by the following three reasons: First, the social services required for the elderly in our country are insufficiently supplied and of low quality, and cannot meet the needs of the elderly to manage their finances and maintain health. and other diverse pension needs.
Secondly, the elderly "lack of love" and "lack of love", and their children have less companionship and communication, especially the elderly living alone need more social care.
Third, the social support system suitable for aging is not perfect, and there is a lack of formal services for the elderly in terms of medical treatment, nursing care, and psychology.
"Outlaws or unscrupulous companies target the elderly to defraud the elderly. Most of these elderly people live alone, they do not know much about finance and investment, and it is difficult to identify new forms of illegal fund-raising and prevent illegal fund-raising awareness. The mentality of not being strong, greedy for petty cheap, and committing crimes." Liu Junhai said.
Liu Junhai suggested that the elderly must be vigilant about investment projects that can obtain high returns in a short period of time, inform their adult children of the situation in a timely manner, or consult relevant government authorities to ensure that contracts involving major property changes are not easily signed, and strengthen their own risk awareness. .
Gao Qinwei, a professor at the Law School of the Central University of Finance and Economics, pointed out that although the market for the elderly care service industry is promising, the related supporting institutional system needs to be established as soon as possible, especially the government supervision method should be improved as soon as possible.
For example, some elderly care institutions charge high deposits or membership fees, which are premised on the commitment to provide elderly care services.
Is this a commercial credit sale, or is it suspected of illegal fundraising? How can such business activities be brought into the scope of financial supervision?
These issues need to be carefully identified and discussed, because the above-mentioned behaviors themselves have great risks. How to supervise and ensure the safety of funds is a major issue facing the current government functional departments.
In addition, the development of my country's elderly care industry is still in the early stage, the relevant policies and regulations are not perfect, the degree of specialization of elderly care institutions and service personnel is low, and the types and contents of elderly care products are relatively lacking, which cannot meet the growing demand for elderly care.
The relevant functional departments of the state should actively guide and promote the standardized development of the elderly care industry, establish a legal environment for the openness of the elderly care industry market, establish the legislative content of financing support and financial support, and determine the legal policies for the overall planning of elderly care and social welfare, etc. Create a good legal environment.