Research On Issues Of Insurance Fraud Crime

Insurance Fraud Crime is a new-type economic crime that is derivedfrom ordinary fraud crimes. Though the 198th provision of the new criminallaw in 1997 regulates the crime form and punishment, and further specifiesand clarifies the Unit Crime, some problems in the legislative regulation andjudiciary application of Insurance Fraud Crime are still worthy to be probedinto. In relation to some problems in the judiciary application, the authortakes use of the basic principle of Insurance Law and Criminal Law in ourcountry to explore the following three problems: criminal constitution,criminal state and penalty.The paper is divided into three chapters:The first chapter studies several issues of the criminal composition ofInsurance Fraud Crime, which covers three sections.The first section is concerned with criminal subject of Insurance FraudCrime. The author thinks the subject is a special subject who should includenot only the policy holder, the insured and the beneficiary but also the insurers.Besides, this section further presents the reason why the insured should beconsidered criminal subject from the following three perspectives: theprinciple that everyone is equal before Criminal Law, comparison betweenregulations of Insurance Law and Regulations of Criminal Law, and demandof judiciary practice.The second section determines the nature of post-event insurancebehavior. The author analyzes the two contrasting views of the post-eventinsurance behavior in the theoretical field. The author holds that the insuredobject of the post-event insurance is not qualified one, so the post-eventinsurance means the policy holder invents the insured object on purpose.The third section determines the nature of suicide or self-damage of theinsured. On the relevant theories of Insurance Law, the author analyzes thenature of suicide and self-damage of the insured: If the three identities thepolicy holder, the insured and the beneficiary coincide, it can be punishedaccording to the fifth behavioral manner regulated by the 198th provision ofCriminal Law. If the three don't coincide, no matter whether the beneficiary isin the knowledge or not, the insured commit no crime. If the three don'tcoincide, plus the insured fails to commit a suicide, the insured are consideredto make up false reasons to fraud premium. In addition, this paper furtheranalyzes the problem that the policy holder, the insured and the beneficiarycoincide claim premium on the insurance company after instigating, helpingor forcing the insured to commit suicide.The second chapter is the study on several issues of criminal state ofInsurance Fraud Crime. Three problems are discussed here.The first one is about the criminal quantity of Insurance Fraud Crime.Utilizing the theory on embroiled criminals in Criminal Law, this paper makesa further analysis of the regulations of "punishment of several crimes"in thesecond item of number 198 article of Criminal Law and holds that the reasonto regulate the "punishment of several crimes"is that such behaviors asintentional murder and intentional harm etc. do more serious harm to thesociety. Then fellows the description of the three problems in the judicatorypractice that are clearly stated in this article as insolvable by the crime of"punishment o f several crimes".The second question is the fellowship in the crime of insurance fraud.The writer firstly discussed the defining issue toward the cooperated crime ofcheating insurance money committed by the insured, the assured and thebeneficiary. After analyzing the three major defining standards in thetheoretical field, the writer presents the defining standard on the cooperativebehavior of cheating insurance money: With the consideration on theinfluence of the status of the employees in the insurance company on thenature of cooperative crime as the presupposition, firstly the nature of thecooperative crime should be defined according to the criminal nature of thecommitter, and then to decide whether the committers should be convictedseparately by contrasting the degree of the crime legally defined. Secondly,the writer described the problem of competition and cooperation of legal itemsdescribed in the fourth item in the 198th article and the first item in the 229tharticle. It is thought that the behavior that the surveyor , reference , insuranceassess people offered false proof papers accord with the legal nature ofimaginative competitive and cooperative crime, and thus they should beconvicted as crime of insurance fraud crime according to the principle of"from the felony".The third question is the asserting of an abortive state of crime of fraudof the insurance. On the premise of asserting this crime as the result crime, thewriter thought that there exist the abortive state of this crime and the mark that" set about " of abortive state happens should be the time when the committerbegins to carry out objective behavior of the insurance fraud crime, and thenmake a further reasoning from the following two aspects.The third chapter is the study on several issues of punishment of theinsurance fraud crime. Three questions are included in this chapter.The first question is to recommend mitigated punishment. Some scholarspropose that a guilty legal punishment should be improved, the writer holds adifferent view that improving a guilty legal punishment does not correspondto the caution principle of modern criminal law. Ways should be found fromsuch respects as the social environment, economic system, etc., instead ofaggravate the dynamics of penalty simply; Criminal law is the last line ofdefending the whole society, the questions of the cost and benefit should be...