Study Of Insurance Fraud

Insurance fraud, due to its feature that it can always be covered up by various of means, is turning to be one of the most frequently committed crime. To punish this crime, the NPC Standing Committee added it into the content of a decree on June 30th ,1995,and then listed that crime in the criminal law as article 198 in 1997.The research on insurance crime is becoming the most popular topic in the academic circle ,which provide the writer of this article masses of research materials. Two years ago, writer coped with a case of car insurance fraud and got interested in this crime. This article is to study the case and analyze the insurance fraud, to aid to the criminal legislation and judicial practice.This article is composed of 3 chapters. Chapter 1 emphasizes on the concept, the real situation the hazard to the society and the creation of insurance fraud. Regarding the subject of insurance fraud, the writer analyses the controversy between th theory of "specific subject" and "general subject", and prefer to the latter one. About the subjective purpose, the writer hold the opinion that "for the purpose of illegal possession "should be substantial to this crime. The writer also presents characteristics of five concrete acts of this crime.Chapter 2 focus on the puzzles in judicial practice. This chapter discuss the joint crime of insurance fraud , analyze different viewpoints of academic circle, and try to find a solution.Chapter 3 is about the adjustment on law. The writer suggest the legislation add "other fraud acts in the name insurance contract" to article 198 of criminal law, and enlarge the range of subject to general subject. Fines could also be included into the punishments. The writer also give suggestion to the establishment of credit system.