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Set Fire To The Qualitative Study Of Potentially Fraudulent Behavior

Posted on:2009-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:W HeFull Text:PDF
GTID:2206360248451068Subject:Law
Abstract/Summary:PDF Full Text Request
Research on the Crime of Insurance Fraud is the subject that has great practical significance both in the field of the Criminal Law and Criminology. As China's economic restructuring was further deepened, the life insurance system that is an important component of the financial system in the national economy is playing an increasingly important role. At the same time, the system's design and implementation of the state have remained relatively stagnant, all the provisions are not perfect, which makes insurance fraud become an increasingly prominent problem. Thus combing the sequence of insurance fraud, research on the real state of the state and the study of needed quality of insurance fraud to guide the insurance fraud punishing and preventing the practice of this naturally become the focus of attention.This paper reports on case analysis in the form of the exposition. From a fire insurance fraud cases start resulted in insurance fraud in the judicial practice of a series of difficult problems, and ultimately on the insurance fraud through legislation in the in-depth study of the problem, propose countermeasures perfect, remodeling insurance fraud crimes, not only to provide guidance for the judiciary, as well as legislation for reference.This paper from the preamble, the text, the conclusion of several components, including the body is divided into five parts:The first part is the cause of case: "The case of insurance fraud that Moumou Wang and Moumou Zhao burned the bus".Part II leads the details of the case. Moumou Wang conspiracy and Moumou Zhao, Moumou Zhao burned Moumou Zhao's contractor bus parking in the bus station where there are other vehicles, and is near to the dormitory, petrol filling stations, weather Station. PICC Property companies pay compensation to policyholders of the county bus station.The third part of the paper derived from the three areas of focus: the defendant in this case is an intentional damage to property crime or a crime of arson; insurance fraud of the defendant's acts should be insurance fraud or fraud convicted and punished; arson acts of the defendant and fraud should Combined PunishmentPart IV of this paper, the associated judicial practice, pointed out that the different opinions on how to handle the case, and the differences between the views of each of the focal be straightened out, it ran from the point of view of the qualitative analysis of the case, pointed out that in accordance with the principle of legality on how the case should be convicted and punished.Part V of this paper is the focus and core contents, mainly from the perspective of the contingent should be a qualitative analysis of the case. The main part of insurance fraud through legislation in order, pointed out that China's insurance fraud legislation in terms of defects. The focus should be expanded from the main scope of insurance fraud, insurance fraud crime involved be convicted and punished two aspects carried out in-depth exposition of insurance fraud to improve some of the recommendations and, in accordance with its design insurance fraud provisions of this article qualitative analysis of the case.
Keywords/Search Tags:Arson, insurance fraud, general subject of crime, implicated crime, cumulative punishment
PDF Full Text Request
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