The Study Of Natural Person' Status In The Crime Of Insurance Fraud

In recent judicial practice, a large number of non-insurance contracts or related parties have taken fraud activities by insurance contracts. This new form of crime has been disrupting the the management order of insurance industry, meanwhile public and private property have been suffered heavy losses. At such cases, there are two qualitative opinion in current judicial practice:guilty of fraud; guilty of insurance fraud or guilty of insurance fraud indirect-committed.The difference between guilty of fraud and insurance fraud is mainly persistence in the existing legislation or the improvement of legislation. Such a controversy, essentially relates to insurance fraud, subject of which should be the persons of special status or not.This paper, starts from the general concept of identity, which followed by introduction of identity in the criminal law and definition of crime about identity. Firstly,it makes deeply analysis and discussion about characteristics of identity in crimes of status;Secondly,based on the research about nature of crimes of status, reveal current unreasonable legislation on Insurance Fraud's special subjects; Lastly combining with the fact that there is no the same one as the identity in crime of insurance fraud in the last category of identity of the criminal law, we advise to change it to the general subject of legislation modes. Ultimately characterization of the above cases is guilty of insurance fraud, and the person in the third category of cases should be guilty of insurance fraud indirect-committed.Finally, based on such view above, study the identity of the other category, that is influence and role of job status in the joint crime of insurance fraud which means in the judicial practice, judgment on common internal and external collaboration to defraud and internal issues.About such problems, we think that it should be guilty of both the crime in special subject and crime in general, and punished it in accordance with the alternative theory of imaginative joiner of offense; In addition, the combination of common problems at duties in committing the joint crime of insurance fraud,and the impact of sentencing,that is to say persons with identity has capacity to bear heavier criminal responsibility than persons without.