Study On Some Problems Of The Crime Of Insurance Defraud

The crime of insurance fraud has an impact on the healthy development of China's insurance industry and even in the entire financial industry more and more. It is necessary for us to study on related problems concern insurance fraud. Based on criminal law theory and the real life controversial cases, I try to initial discuss on some controversial problems in theory with the critical and successive method.Except for the introduction, the thesis is divided into four parts: The first part, I study "fictions insurance object" coming from five legal behaviors of insurance fraud. Firstly,I make a simple sort of characteristics and behaviors of insurance fraud and draw a conclusion that insurance fraud's behaviors should include nonfeasance. Under analyzing the fictional insurance object's methods, mainly clarify and sum up the means of "fiction" equaling to not only fabricating completely new insurance object but also fabricating part of the insurance object. On this basis, then to determinate three typical behaviors of insurance fraud:through comparative analysis of establishment of the fictional insurance object and structural aspects of the crime of insurance fraud, the thesis draw a conclusion that fabricating insurance interest belongs to fictional insurance object; through critical settle related points of "insurance afterwards",draw a conclusion that this sort of methods belongs to fictional insurance object too;combined real typical cases to describe the method of lying age, should insist on the independence of the criminal law, incontestable clauses of insurance law should not be a negated reason to prevent establishment of crimes.The second part, studying the subjective aspect of insurance fraud from below two angles:on the one hand, through understanding the content of insurance fraud, my thesis draw a conclusion that indirect intent can not be exist in insurance fraud except joint crime that one part hold direct intent and the other hold indirect intent. On the other hand, my thesis discuss the understanding of the purpose of illegal possession through whether it is necessary to exist, what is its intension, and when it's arise. The third part study common problems of accomplice pattern. First of all, through understanding of the related concepts of accomplice status, come to a conclusion that the person without status and the person with status can form joint crime as well as between the people with status. Second, my thesis considers Article 198(4) of criminal law should be an attentive provision, and then discuss the situation of one sided accomplice on this basis.Finally, with the typical cases in practice, my thesis pays much attention on analysis that the insured party gang up with people of insurance company to defraud the insurer. We compare related theory point of views and put forward that internal and external collusion should be convicted respectively according to the theory of the core role.The fourth part, I study quantity of crime. According to Article 198(2),when the actor violate item4/item5,meanwhile her/his behaviors constitute another crime, should be be punished on the most serious crime..So, how to deal with below situation:when the former violate item1/item2/item3,meanwhile her/his behaviors constitute another crime. I think should be combined punishment. In addition, I analyze how to deal with which one actor make man-made accident, claims and claims not yet? I think the former should be punished on the basic of the most serious crime; the latter should be combined punishment.