Research On The Patterns Of Insurance Fraud Crime

The insurance fraud is a great danger to the development of insurance. Most countries control it by criminal law. There are doubts existed in the cognizance of the patterns (the stopped pattern, the pattern of complicity form of crime, the pattern of crime number) of the crime of insurance fraud, which need to be clarified.There is unaccomplished pattern existed in the crime of insurance fraud. The criterion of commencement should be adopted to the substantively objective theory, that is to say, the act of the criminal starting to claim for insurance money or to proposes the request to the insurance company, should be redeemed as commencement. The criterion of the accomplished pattern of the crime, in ought to sense, should be adopted to the amount of criminal loss.The paragraph 2 of section 198 of China's Criminal Law belongs to the attention stipulation in the criminal theory. So, it's only when that the applicant and so on committed the crime of insurance fraud, that expert witness, witness or property assessor of an insured accident who deliberately provides false supporting documents should be deemed an accomplice in the crime of insurance fraud. Otherwise, any expert witness, witness or property assessor of an insured accident who deliberately provides false supporting documents, and the circumstances are relatively serious, should be sentenced and punished by the crime of providing the false proof document. When the applicant and so on defrauds insurance money together with the insurance company's staff, it should be recognized by the theory of "the implementation nature and the core role".The circumstance, which is prescribed by the paragraph 2 of section 198 of China's Criminal Law, should be redeemed as Verbrechen skonkurrenz. The provision causes problems both in theory and in practice, legislations should be modified to solve those problems. Furthermore, the criminal who only make an insured accident but doesn't claim for insurance money should not be redeemed for several crimes. In the case of an applicant or a beneficiary deliberately kill someone who is not the insured, but defraud insurance money in the insured's name, the criminal should be punished on combined punishment for several crimes by the provision of the crime of insurance fraud and the crime of intentionally murdering. In the case of the insured murder himself or injure himself, if the insured have murdered himself, the insured committed no crime. But if the insured is still alive, he should be punished by the crime of insurance fraud.