Research Of Crime Of Fraud In Insurance

As one of the most serious crimes in ecnomic field, the insurance fraud not only infracts the nation, collectivity and demos' property benefits, but also disturbs the ecnomic system. Though insurance enterprise started late in our country, it develops quickly with the development of the socialism market economy and opening to abroad these years. We haven't totally established the insurance system that adapts to the morden insurance enterprise yet , the institution of insurance supervising doesn't do its best ,and the practitioners in insurance enterprise are not that high-making persons. All these factors make a number of illegal people consider insurance frauding as a way to get wealth, which makes the number of insurance fraud crimes fastly increasing . The position of commiting insurance fraud crimes is getting austerity, which is also the biggest barrier to current development of insurance enterprise, and bring so many concepts constituting problems. Our criminal law has already defined insurance fraud as commiting crime, but accoding to the tempt of high-line insurance and bad legal saction, the criminals decide to risk danger in desperation,which makes so bad social influence.The research on insurance fraud crimes has praxis meanings in current study of criminal law. So to strengthen the construct of legal system,to make strict management, to form the composition of force to strike the insurance frauds, to keep away the risk of insurance management, to make the insurance enterprise healthy developing and social stabilization, these are the most important problems in front of the both judicatory and insurance fields. This thesis begins with the basic analysis of insurance system, focuses on the concept, character, crime composing, and concret problems in judicatory cognizance of insurance fraud crime, posts the essence of insurance fraud crime, puts foward the recommendations for legislation on the point of social environment and insurance company, hoping to make the judicatory adapt to practical needs.This thesis is composed of text, conclusion and other parts. There are give parts in the text, according to main problems that each part expatiates, simply expain as the follows one by one. First, the introduction to the insurance system. This part is made up by the recapitulativeintroduction of the concept ,main function of insurance and the definition and features ofthe insurance liability, which makes us have accidence cognition of insurance.Second, The introduction to the crime of insurance fraud, that makes some research andintroduction of the definition and features and the present situation and reasons for thecrime of insurance fraud. All these are matting of knowledge for further discoursion.Third, the elements of the crime of insurance fraud, to make research on which is thepremise and basis for correct judicatory cognizance, so this thesis discourses upon the fourelements , point out the different standpoints in theory, and illustrate the personalityopinon.Forth, the problems in the defining of the crime of insurance fraud, this chaper is aboutthe problem of judicatory cognizance accoding to the practicality, including theconsummated crime and inchoate crime ,the numbers of crimes, the accomplice of thecrime and so on. This is the most important part of the whole thesis.Fifth, the quest for legislation thought of the crime of insurance fraud, in which partintroduces the development of legislation of the crime of insurance fraud in our country,points out the problem of the legislation on the crime of insurance fraud and the suggestionon the legislation, offers a more reasonable pattern of legislation thought, and illustrateshow to keep away from insurance fraud in the morden sociaty.