On The Determination Of Crime Of Insurance Fraud

On the identification of insurance fraud problem should proceed in accordance with whether or not to enter the legal relationship to be identified, namely, "the legal relations to say," if the perpetrator insurance claim purposes behavior-based implementation allows insurers caught in the wrong understanding and under the domination of the misconceptions into a false legal relationship, the relationship between the law and the corresponding relations will also have a credit and debt, and the debt if the final implementation, the insurer will suffer property damage. Leaving the insurer to enter such a wrong point in time is the legal relationship of the crime to proceed.In the fictional subject of insurance fraud case, the final completion of the crime of illegal activities at least three levels, the first level is the behavior of the insured person to convey false information; the second level, the insurer recognized the false information Under the premise, the two sides reached a "wrong" legal relationship; the third level, the behavior of people use the false claims law relationship. The first level of behavior is not the insurer has dragged the wrong legal relationship, so one of the legal interest protected by the crime that the normal order of the insurance and financial services industry has not been damaged, but its best to undermine this legal interest in creating the conditions; on the second level, the two sides into the wrong legal relationship, then it can be identified in order to protect the legal interests of the crime that is the normal order of the insurance financial sector(credit system) caused the damage, and only in the legal relationship between the parties After the formation of the specific identity of the behavior of people would have started the implementation of the required insurance fraud; on the third level, the behavior of people take advantage of this relationship to make a claim of legal error, based on the agreement of the insurance contract, the insurer must of course accept this claim requests, so the two sides into the wrong legal relations on the claim level, then the insurer of the property will eventually be faced with the reality of the risk of fraud, insurance fraud protected most substantial legal interest in the property that the insurer began to face real terms impact. Based on these three levels of analysis, we find that the first level of passing false information and did not formally or substantially damaged the interests of any of the laws, not make substantive legal interests faced with an imminent threat, and at this time The perpetrator has no specific identity fraud insurance required. Only starting from the second level of behavior, behavior on the one hand has a special status, on the other hand can be seen as the normal order of the insurance industry suffered financial damage in form; the third level, the claim can enter the legal relationship seen as a normal order and insured property insurance constitutes a substantial threat and destruction. Therefore, the behavior of passing false information regarded as the sin begin, and begin preparatory acts confused behavior, and also to commit insurance fraud identity as neglect.In the field of the contract, when the criminal and civil conflict, should implement the "Proceedings enter said" on the proceedings entered judgment in accordance with the following, first of all should not be considered in civil proceedings and criminal proceedings are conflicting applicable civil laws program identified the perpetrator’s conduct applicable legal and criminal proceedings identified the perpetrator’s actions are consistent with the provisions of sub-rule constituent elements constitute the crime itself is not contradictory, criminal law and civil law should be seen as a complementary relationship. Identified the core of this complementary relationship is still the second paragraph of Article XIII according to the Penal Code, "the circumstances are obviously minor little risk, and is not considered a crime" to judge whether the perpetrator’s behavior serious enough to be adjusted according to the Penal Code, combined with applicable comprehensive social effects of criminal law judge, if it is in the nature of the plot or the relevant provisions of the Insurance Law shall contract law or legal relationship of such adjustments within the normal range of social intolerance, if behavior is outside the normal range of tolerance of the social market should criminal law to adjust. While criminal law is the ultimate guarantee of all branches of law, the severity of the behavior of more than just evaluate other departments outside the boundaries of the Penal Law, such behavior should enter the criminal proceedings, be evaluated by the criminal law. Insurance fraud in collusion in order to discuss the nature of the core of committing common crimes, combined with the principle of common crime Imaginative Joinder final deal, but this approach would not be limited to legal punishment for a crime carried out comparison, and to combine the perpetrator in a crime in the roles that would be likely to impose penalties were relatively more segments, which identified the establishment of the offense. Insurance fraud is the true identity of guilty, not guilty is not the true identity; identity guilty for committing provides no identity can only set up the identity of the person committing the instigator help committing criminal or other common crimes.