Study Of Insurance Fraud

There are a lot of difficult question about fraud of insurance, but at the same time the visual angles of researching these questions are not the same. This article will choose some difficult questions of fraud of insurance to research from the angle of practising behaviour.About the practising behaviour's pattern of fraud of insurance, the author thinks there are three kinds of behaviour, and those are criminal behaviour to object of insurance, criminal behaviour to insurance accident and criminal behaviour about providing false proof for fraud, Here, the article will mainly discuss the stopping state of practising behaviour, common crime and amount of practising behaviour.The key of making a distinction between preparation and attempt of fraud of insurance is that we should fix the starting of practising behaviour.The author thinks, fabricating object of insurance, making up insurance accident that didn't happen at all and creating insurance accident, all these behaviours are not practising behaviours, but preparation behaviours. Only the behaviour of applying for insurance money to insurer is the starting of this crime's practising behaviour.Fraud of insurance is a crime of behaviour, or a crime of result? The answer to this question will be of vital importance to hold the attempt of fraud of insurance. The fraud of insurance is a crime of result and the standard of distinguishing criminal attempt and criminal accomplishment of the crime is that if insurer's property suffers losses. The fraud of insurance isn't a necessary common crime.So about common crime which over two persons commit it is necessary to handle it according to general rules of criminal law.Then what standard should we according to difme the character of common crime.The key of the question is that we should understand who is the core part of common crime.There are lots of difficult points in criminal theory and justiciary practice about crime's amount of fraud of insurance. These difficultpoints mainly happen in these circumstances that when actor is commmitting fraud of insurance, the method of the act or the result of the act violates other offences of criminal law. Article 198 of Chinese criminal law stipulates five kinds of behavious of fraud of insurance. But it just demands that if the behaviours of the forth and the fifth section violate other offences, we should penalize the actor using several charges at the same time. But if the behaviours of the first, the second and the third section violate other offences of criminal law at the same time,what should we do with it? About implicated crime, there is not a unitary standard of holding a crime or several crimes in criminal theory and justiciary practice.Chinese criminal law only penalizes some implicated crimes using several charges and sometimes penalizes implicated cime using one charge. The author thinks it isn't reasonable to firmly believe implicated crime to be a crime or several crimes without exception, and we should make concrete analysis during inquiring into implicated crime of fraud of insurance.