On The Crime Of Insurance Fraud

The crime of insurance swindle is a kind of crime which emerged following the development of insurance during the course of reform and opening in China. It has handicapped the run and development of insurance market. Moreover, it has destroyed our socialist finance order. So its harmfulness is very large. As a result, it is especially necessary to go deep into it. This paper discusses it through five parts such as the present conditions of it, the legislation situation, the concept and feature of constitution, the penalty about it and the method of crime and cure. It is also very important to study it by analyzing the prescription and experience about it of other countries.The present condition of it is the first section. This part tells us the feature of insurance swindle by analyzing the present condition and the reason. The second section is about legislation situation of it. In this section, the author analyzes and compares the legislation situation of mainland with other countries and Taiwan area. The third is about the concept and feature of constitution of insurance swindle crime. The author deeply studies and assess some controversial views and gives his own attitude, the reason why he support the viewpoint. The indentifica-tion and penalty of insurance swindle crime is the fourth section. In the part of indentification, the author discusses the difference of crime and non - crime, this crime and other crimes. The problems about one crime and several crimes, the unaccomplished and the complicity, etc. The last section is about the method of prevention and cure. The author analyzes the expenierce of China and other countries and then gives us the right method about how to prevent insurarce swindle. In the five sections, the third and the fourth are the focal point of the paper.