Insurance Fraud Judicial Determination

This article is designed to discuss and analyze the related issues on crime of insurance fraud in judicial practice. The article with 28000 words consists of six parts, covering determination of such crime, of amount and illegal possession intention, of criminal patterns, differences of the crime from other crimes, determination of joint crime of insurance fraud and plural crimes in such cases.Part one is on determination of crime of insurance fraud. The objective manifestation of such crimes is that insurers, insurants or beneficiaries with purposes of illegal possession, carry out fraud like fabricated insurance subjects, fictitious accidents or withholding the truth of causes of accidents. In practice there are five manners of the crime. Criminals of insurance fraud usually take either one of them or several altogether. Any manner of such five will lead to the crime.Part two is on determination of crime of insurance fraud. General theories hold that two aspects of amount and illegal possession intention are vital for determining crime of insurance fraud. Specifically speaking, the amount derived from such crimes based upon victims' loss should be huge. Criminals should have an intention of possessing coverage; therefore fault must be direct intention.Part three is on differences of crime of insurance fraud from other crimes. As a special crime, crime of insurance fraud is separated from general crime of fraud. Though they have a lot features in common, their manners and so on are different. In judiciary practice, determination of crime of insurance fraud must be decided upon circumstances in specific cases. The key is constitution of crimes.Part four is on determination of suspension of crime of insurance fraud. The crime of insurance fraud is no doubt the kind of consequential offense. In theory criminal pattern consists of several stages. So is crime of insurance fraud. Determination of start of action is important for differentiating those stages. In crime of insurance fraud that people give insurance to insurer can be regarded as the start.Part five is on determination of joint crime of insurance fraud. Joint of crime of insurance fraud should be dealt with in accordance with the general rule...