On The Crime Of Insurance Fraud

This research paper is mainly discussed the insurance-swindle criminal behavior through several different ways such as historical analysis, comparing analysis and legal analysis ,and the paper also analyzes its legislative form, charge .definition and features on the basis of combining the criminal law theory an the criminal judicial practices .And it especially studies how to maintain several specific problems in judicial practice. Finally it gives out the author's own suggestions about perfecting the insurance-swindle crime's legislation. This paper falls into 4 parts.The first part is the summary of the insurance-swindle crime. By discussing and analyzing various legislative regulations, law articles and some other theories of this crime ,the author thinks that the stipulation of the insurance-swindle crime should be different from the common swindle crimes, and its legislative from should be on the combination of the subsidiary criminal law and penal code. The charge of the insurance -swindle crime behavior should be called the insurance -swindle crime and its key factor-"to have the insurance money illegally" should be stipulated clearly in the criminal law.The second part is the structure features of the insurance swindle crime. The author has seriously analyzed the criminal structure features and expounded that this crime infringes upon the double objects, that is, the marketing order of the insurance market is the major object, and the financial right of the insurance company is the secondary object. The behaviors and methods of the insurance-swindle crime are various. For example, "purposely spreading the insurance lose" should belong to "making up the false accident causes". And the insurance-swindle crime is a kind of "amount" crime. Its subjective criminal from only can be direct intention, but in other common crimes, probably one side may be direct intention, and the other can be indirect intention.The third part is about the maintaining certain specifice problems of the insurance-swindle in the judicial practice. By comparing research of various theories about the insurance-swindle crime, on the basis of judicial practice and the analysis of the law articles, the author concludes that its accomplished offence,unaccomplished offence, punishment and other criminal behavior cann't be maintained, according to a single rule, should be dealt with according to their specific conditions.The fourth part is about the analysis and discussion about how the insurance-swindle crime is perfected in the future legislation.