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Study On Several Questions Of Insurance Fraud

Posted on:2010-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:H J ZhouFull Text:PDF
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Insurance fraud is a traditional type of crime in the field of insurance. Its history is almost as old as the insurance industry. Insurance fraud has become a major hazard for the healthy development of insurance industry. It is bad for the society. Thus, the conviction of insurance fraud has a strong theoretical and practical value.In this paper, I discuss some questions about conviction of justice from the perspective of the judicial practice. It Concerns the definition of the subject, criminal means, pattern of quantity of crime and accomplice pattern, etc...Preface, this part introduces the development of the insurance industry, status of insurance fraud, which paves the way for the following parts.In the part, I mainly study subject of insurance fraud. Research on the subject has great significance for conviction of insurance fraud because it is one of the most important standards to tell the difference between this crime and another. I form a conclusion—the natural subject of the crime is particular subject .Then I discuss the insurance fraud proceeds through impersonation.In the second part, I discuss manner of behavior. I think their behaviors can be divided into two categories, one involves the subject of insurance, the other concerns insurance accident .1 explain them by using the cases and contacting the judicial practice in theory.In this part, I discuss pattern of quantity of crime of the insurance fraud. There are many different points about the issue in practice and in theory .This part mainly debate the question of convicting pattern of quantity of crime of the behavior when he is acting one crime while his method of the act or the result of the act violates other offences of criminal law. Article198 of Chinese criminal law stipulates five kinds of behaviors of fraud of insurance. But it just demands that if the behaviors of the forth and the fifth section violate other offences, we should penalize the act using several charges at the same time. But if the behaviors of the first, the second and the third section violate other offences of criminal law at the same time, what should we do with it? We should convict him a felony commonly.In part four, I study the applicant and so on defrauds insurance money together with the insurance -company' staff. It focuses on how to convict their crime when they are in collusion with each other in insurance fraud cases, this paper describes the basis of several of the main points , I think it should be recognized by the theory of "the implementation nation and the core role."The end, in this part, I summarize whole paper briefly.
Keywords/Search Tags:Fraud in Insurance, Subject, Manner of Behavior, Pattern of Quantity of Crime, Accomplice Pattern
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