Study Of Insurance Fraud

The crime of insurance fraud is a traditional crime in the field of insurance, whose history is as long as the insurance. The crime of Insurance fraud was born and developed with insurance ,which has been forming a great danger to the developingof insurance. Nowadays, how to combat the insurance fraud is a common problemfacing with all the counties.The structure of the thesis is as follows:Part 1 is entitled "A Survey of the crime of Insurance Fraud." I mainly discuss the basic definition and development of insurance, then introduce the relation and distinction between insurance fraud and the crime of insurance fraud, survey the situation and reason of the crime of insurance fraud domestically and abroad, and then analyze the legislation of the crime of insurance fraud ,especially the history of legislation in china.Part 2 is entitled "The Constitutive Characteristics of the crime of Insurance Fraud", to which I give a detailed and in-depth analysis and propose my opinion, in my opinion, the object of the crime is complex object-the order of insurance and the rights of insurance company. By analyzing the meaning of "identity", I form a conclusion- the natural subject of the crime is particular subject, corporation can also be the subject of the crime of insurance fraud, by discussing the meaning of "the intention to unlawfully obtain", I conclude that "the intention to unlawfully obtain" is an absolutely necessary part of the subjective features of the crime.Part 3 is entitled "The problem in the identification of the crime of Insurance Fraud." First, I discuss the distinction between crime and non-crime. Then between the crime of insurance fraud and fraud, the crime of insurance fraud and contract fraud. Right after this, I mainly discuss the problem of how to identify the embarking of the crime, of how to identify the nature of the behavior of colluding between the clerk of insurance company and the criminal of the crime, of therationality of the second item in the Article 198 Article of 1997 Penal Code, and propose my opinions correspondingly.Part 4is entitled"the criminal duty of the crime of insurance fraud" .in this part,I introduce the criminal duty abroad and domestically ,analyze the reason of the diversity of the criminal duty of the crime in the world, and then conclude that the penalty of the crime is suitable for our country.Part 5 is entitled "Thoughts on How to Improve our Legislation and justice on the crime of insurance fraud." In this part, I fully affirm the advantages of the legislation of 1997 Penal Code, detailedly analyze the shortcomings of the legislation of 1997 Penal Code,and then propose my suggestion.The aim of this thesis is to more comprehensively .effectively and drastically combat the crime of insurance fraud, by the way of theoretically analyzing and discussing the crime of insurance fraud, and of practically solve the problem in the identification of the crime of insurance fraud.