The Analysis Of The Legislation Matters Of The Insurance Fraud Crime

In today's society, insurance cheating is increasing with the development of insurance industry, thus insurance crimes have become the greatest threaten to insurance industry. As a serious kind of economic crime, the 198^th item of 1997 criminal law has prescribed it. However, nowadays the social economic condition has changed a lot, especially on globalization of insurance industry and crimes. Crimes become variedly and more complicated. Whatsoever, though the insurance market has a prosperous tendency, there aren't many economic and legislative reliance for its late start. What's more, the 198^th criminal law cannot fulfill the need of crimes. For instance, except for the traditional policy holder, insurant and the beneficiary, the others can also commit insurance premium crimes through insurance contract. And insurance cheating has more new tricks than the original five devices prescribed in law. Therefore, it is highly necessary to make some changes and mending over the original one.Started from the contemporary condition and the characteristics of the crimes, the thesis reviewed its legislation process in the field of insurance crimes. Borrowing some theories and experiences of the foreign countries' legislation and of some domestic scholars on insurance crimes, it also makes some analysis on the criminal legislative concept and policy tropism on insurance crimes from the point of view of criminal law and insurance law.Thus it points out that the law-makers should hold the concept of equality, credit and globalization and it puts some emphasis on the value objectives as monocracy, scientism and beneficence. At the same time, the thesis analyzes the crime's legislative mode, legislative techniques and the penalty rationalization and provides some opinions about legislation in order to make sure its rationalization and its time spirit and to improve the applicability and maneuverability of the newly-made laws.The first chapter of the thesis introduced the present globalization tendency of the insurance industry and the insurance crimes. It points out that the new characteristics, the slowness in policy and the new requirements of the insurance crimes. The second chapter puts forward that the concept of equality, credit and globalization should be established before the legislation for the crimes. Equality refers to the equality between the personnel and organization in insurance crimes; to emphasize the objects of the crimes, we should hold the sense of credit; the globalization in insurance industry advances of the sense of globalization in this crime's legislation.The third chapter holds that we insist the principle of science, benefits, security and nomocracy in policy making. The principle of science requires the orderliness and harmony in the crime's prescription; the principle of benefit and security should give attention to harmony; the principle of legislation should permit the interference of criminal laws.The fourth chapter makes a comparison between the foreign legislation on this crime and the domestic one, thus to show our shortness in legislative models and call for the attention on the crime's legislation.From the analysis on the insurance crime's models, patterns and the prescription of them, the fifth part of the thesis indicates that the legislative techniques should be improved. Starting from the pertinence of the criminal laws and ration, the last part makes a conclusion that the qualificatory punishment and the property punishment etc should be improved a lot.