Research On Legal Issues Of Anti - Insurance Fraud In Insurance Industry

Modern insurance is developed by the ancient Babylon and Phoenicia’ thought of respondent loan. In1384, the world’s first modern insurance policy was appeared in Florence. There was clear insurance subject and the insurance liability existed in this policy, such as the following accidents, the damaged ship, stranding, fire, or sinking caused loss or injury. Insurance is a risk transfer system that people use scientific theory to make majorities to allocate losses of the minorities. Risk and losses allocation, benefit each other are the base stone of insurance system. The risk transfer system of insurance strengthens the bearing capability of people to risk accidents, which takes an important part in guaranteeing the stability of social economy and the life of the society. However, the development of the insurance is not successful. Developing with the rising of the insurance, insurance fraud has brought serious threat to the insurance. Though our Criminal Law and Insurance Law and some other laws have series of rules on insurance fraud, the hysteresis effect and some obvious leaks of the law lead to failing in playing the full of themselves and avoiding the insurance fraud fundamentally. Therefore, it is urgently necessary to set a systematic science and aiming at insurance fraud policy, which should be founded from the fundamental realities of our nation and referencing to advanced anti-insurance fraud experience abroad.This thesis is divided into three parts, the first part focuses on analyzing of insurance fraud and anti fraud concept and its two essential features, the exclusive and harmfulness of insurance fraud. Then the second part mainly summarizes the manifestation forms in the Western, which include the insurance fraud performed by the applicant. And also discuss the legislation issues in the field of anti insurance fraud in western countries, especially analyzing them in American and UK. In Australia emphasize on the study of manifestation forms and the applicant forms. In the last section of this part, it also summarizes international organizations in the role of the international anti insurance fraud. The third part is the last chapter puts forward the existing problems in China’s insurance fraud and consummates our country insurance anti fraud suggestions.