Studies On The Determination Of Indirect Criminal In Insurance Fraud Crime

The theory of indirect principal offender is very important in judicial practice.This term can be used to properly explain the situation in which the behavioral agent commits crime taking a people as an agency. In fact, Chinese law circles offer relatively superficial studies to the indirect principal offender which lead to falsehood in directing to judicial practice.In recent judicial practice, a large number of non-insurance related parties or contracts have take fraud activities by insurance contracts. Public and private properties have been suffered heavy losses. Meanwhile this new form of crime has been disrupting the management order of insurance industry. At such cases there are two qualitative opinions in current judicial practice:guilt of fraud, guilty of insurance fraud or guilt of insurance fraud in direct committed. Such a controversy, essentially relates to insurance fraud, subject of which should be the persons of special status or not.In this article, we comes to the conclusion that the theory in our country is not mature according to quoting a few principal offender's case and also make a brief analysis to a few indirect principal case which quoted in the first part. The second part the article makes a description of the concept, the characteristic and the composition of the guilt of insurance fraud indirect principal offender from the countries abroad lastly, we advise to change the Insurance Fraud's special subjects to the general subject of legislation modeLastly, in the basis of the article, the author is trying to make some relevant researches on the legislation and the judicial practices of the indirect principal offender and want to make a help to this.