On The Crime Of Insurance Fraud

Insurance defrauding is a kind of traditional crime in the insurance domain, its history is almost as long as insurance, and it not only was born with insurance but developed with insurance, which has endangered the insurance development. In order to prevent and punish this kind of crime, most countries in the world have make special laws to control it. As insurance defrauding increased in our country, the legislative body has also made special laws such as Insurance Law, Penal Law etc. to control it.Insurance defrauding means the actions of applicants, assured and beneficiary fabricating insurance objects, insurance accidents and reason, and overstating the extent of damage or making insurance accident in order to defraud insurance compensation illegally. The objects encroached upon by the crime of insurance defrauding are complicated ones, such as insurance regulations of our country and the rights of public and private ownership. Insurance defrauding displays the violations of Insurance Law in objective side. The criminal subject of insurance defrauding is special one, which must be applicant, assured or beneficiary. Both of natural person and unit can be the subject of this crime. Insurance defrauding only can be the direct intention in subjective side and has criminal purpose by the way of defrauding insurance compensation illegally.In the practice of judicature , the prime standards believed should be clear, which belong to the crime of insurance defrauding or not, that is to say whether or not the amounts defrauded are more enough and conform to the legal standard, the behavioral persons have the intention of defrauding insurance compensation or not in subject. Only conforming with the factors above can the crime of insurance defrauding be constituted, otherwise it can not be punished as crime. The crime of insurance defrauding belongs to the result crime, so it has accomplished and attempted forms. If the behavioral person gets more insurance compensation by defrauding, it constitutes accomplished crime ofinsurance defrauding. If the behavioral person has started the crime, which is unsuccessful, not because of the reason of the behavioral person's intention itself, it should belong to attempted crime. When the amounts of crime of insurance defrauding is believed, it should be clear that it is one crime or some crimes. When somebody commits the crime of defrauding, which perhaps has arsonist , the crime of breaching a dike , spreading poison, intentional committing homicide, intentional inflicting injury , unlawful detaining custody and mistreating at the same time, he should be punished with all the crimes according to the stipulations of No. 2 of clauses No. 198 of Penal Code. When a person carries out the defrauding, forges certificates, seals of state organs at the same time, he should be punished as the major one. The judger, certifier of insurance accident and the property evaluator supply the false certificate documents intentionally and offer the defrauding conditions, he should be punished as the accomplice of insurance defrauding according to the stipulations of Penal Code. The article also has discussed the line between the crime of insurance-defrauding and that of defrauding, contract defrauding, corruption, post invading and supplying false certificates etc, from which the crime of insurance defrauding could be understood and know ledged clearly.This article also has made suggestions of perfecting legislation and judicature on the bases of theory analyses and judicature practice. For example, the crime subjects of insurance defrauding should be stipulated as general subjects; the legal punishment of it should be enhanced; the manifestation style should be perfected; the utilizations of fine in judicature should be set up. The author hopes that this article could reduce the crime of insurance defrauding, and make the insurance develop at the normal way and supply powerful guarantee for the economic construction in our country.