Study Of The Judicial Problems Of The Insurance Fraud

The crimes of fraud in insurance area which are an kind of new financial crime with much harm increase day by day and the amount involved becomes more and more. These crimes have some characters including the diversification of committing crime, the confidentiality of cheating behavior and the severity of harmful consequences .So these crimes severely impair the development of insurance business and affect the stability of all society. Even some fraud criminal offenders resort to all means in order to achieve the goal, such as committing homicide intentionally, committing arson and other behaviors being harmful to the stability of the society, which sufficiently explain the crime of insurance fraud has seriously harmful consequences to society.For this our legislature must perfect criminal legislation gradually and severely punish kinds of crimes of insurance fraud.This article embarks from constitutive characteristics of this crime and separately discourses upon the body of crime of insurance fraud, the subjective aspect, the objective aspect and the object. According to our country's legislation , referring to and learning from the fundamental research of crime of insurance fraud by others experts in our country, together with the judicature experience, the author analysed and inquired thoroughly the difficult issues of constitutive characteristics of this crime and the difficult issues of juridical identification of crime of insurance fraud.