The Research Of Insurance Fraud Law

Insurance is a risk transfer system that people use scientific theory to make majorities to allocate losses of the minorities. Risk and losses allocation, benefit each other are the base stone of insurance system. The risk transfer system of insurance strengthens the bearing capability of people to risk accidents, which takes an important part in guaranteeing the stability of social economy and the life of the society. However, the development of the insurance is not successful. Developing with the rising of the insurance, insurance fraud has brought serious threat to the insurance. The existence of insurance fraud not only critically ruins the social morality, but also disturbs the normal social order. If it is not regulated, it will definitely threaten the healthy development of national insurance. Though our criminal law,insurance law and some other laws have series of rules on insurance fraud, the hysteresis effect and some obvious leaks of the law lead to failing in playing the full of themselves and avoiding the insurance fraud fundamentally. Therefore, it is urgently necessary to set a systematic science and aiming at insurance fraud policy, which should be founded from the fundamental realities of our nation and referencing to advanced anti-insurance fraud experience abroad. This policy will play an important role in preventing insurance fraud,maintaining the stability of society and ensuring the healthy development of insurance industry.The thesis composing of five parts, the first part focuses on analyzing the basic concepts of insurance fraud and its two essential features, the exclusive and harmfulness of insurance fraud,then the second and the third parts mainly summarize the manifestation forms, which include the insurance fraud performed by the applicant and insurer, respectively, and further discuss the root that contribute to the insurance fraud from many aspects, such as economy,society and the inner reasons of the insurance company through listing the serious damages the insurance fraud brought to the society. Finally, the fourth part and the fifth part, the core of the paper, mainly introducing the anti-insurance fraud experience of European countries and America, intends to set the whole systematic precautions to insurance fraud inboard from the modification of law and rules, foundation of personal reputation system, perfection of social support system, inner reformation of insurance company and establishing special organization for anti-insurance fraud, so that the insurance fraud could be prevented from the source.