| The crime of insurance fraud is a special type of fraud crime in the insurance field. The criminal of insurance fraud was treated as that of fraud crime to be punished before in China. However, with the rapid development of the insurance industry, the trend occurs that insurance fraud grows rapidly, it's number and scale increases quickly and then it's harm to society becomes more and more serious. Due to not intensive study on insurance fraud, the author believes, based on legislative background of insurance fraud, we should do intensive analysis of the constitutive elements of the crime and disputable issues of insurance in order to clarify whether it is a crime or not, and differentiate between the crime of insurance fraud and related other crimes, which can provide guidance for the judiciary.In addition to the introduction ,this thesis is divided into three parts. In introduction part the author introduces the background and significance of the topic, explains the research methods and then gives a brief summary of the current study on the crime of insurance fraud.In the first part ,the author introduces extraterritorial legislation on the crime of insurance fraud dividedly at first, then does a systematic study on legislative improvement of insurance fraud and put forwards ideas of legislation.The second part, the author gives the definition of the crime of insurance fraud, and makes a general differentiation between the crime of insurance fraud in criminal law and insurance fraud in civil law.The third part is the key point of this thesis. The author believes it is reasonable we limit the subject of insurance fraud crime to three types and limit the action of the crime to five kinds according to law in effect. and then, based on constitution of insurance fraud crime, the principle of insurance and the provision in the law of insurance, the author makes a deep research on what kinds of subject should be included in subject of insurance fraud crime and whether the action of making fictitious insurance object should be interpreted widely and how to interpret it.The two controversial issues confuses judicial officers in practice,therefore, the author proposed some solutions to improvement of legislation. |
