Insurance Fraud Research

Along with the rapid development of the insurance industry, insurance fraud is almost unheard of, some unscrupulous elements insurance system on some vulnerability insurance fraud. The amount of insurance fraud are relatively large, once successful, not only severely disrupted the insurance industry and thus endanger people's insurance benefits, but also to the national cause huge financial losses. Amendments to the criminal law of China in 1997, when will the new criminal law, and thus the income to combat damage insurance order of insurance fraud, provides practical legal basis. This article is the legislative model insurance fraud and our legislative overview, overview, crime, the crime should make a clear distinction between several boundaries, the judicial recognition of several issues of this crime, punishment and legislative improvement recommendations expand what the first part is the legislative status of insurance fraud analysis, in the section on foreign and Chinese on insurance fraud legislation initiated some analysis and comparison; insurance concepts and features of the fraud is the second part of this article, in the section on insurance fraud and comparative analysis of insurance fraud, and the performance of insurance fraud today out of the new features of the outline, and the author's point of view; the third part of this article on insurance fraud crime expand in-depth analysis; part four is to identify insurance fraud should be a clear distinction between the few boundaries, the author on insurance fraud and fraud, contract fraud, embezzlement, misappropriation of boundaries for further analysis and discussions; about judicial recognition of insurance fraud problems is the fifth section of this article, the author of the crime of boundaries, hands, accomplice, accomplished and attempted, SIN number issues detailed elaboration and analysis; this article is the sixth part of the penalty applicable insurance fraud; perfection of insurance fraud is part 7 of this article, this part of the legal system through the insurance process of achievements and shortcomings of the analysis, proposed a series of legislative measures. The author believes, should the insurance fraud a crime, the crime should make a clear distinction between several boundaries, judicial determination, punishment and the improvement of legislation in areas such as in-depth research, provide guidance for the administration of Justice, as well as legislation provides use, both through a systematic study of the crime, with a view to promoting China's criminal law theory of continuous enrichment and development.