On Crime Of Insurance Fraud

Insurance defrauding is a kind of traditional crime in the insurancedomain. Its history is almost as long as insurance, and Not only was itborn with insurance, it was also developed with insurance, which hasendangered the insurance development. In order to prevent and punish thiskind of crime, most countries in the world have made special laws suchas Insurance law、Penal law etc. to control it. With the increase ofinsurance defrauding increased in our country,our country has also madespecial laws such as Insurance Law、 Penal Law to control it.Insurance defrauding means the actions of applicants、 assured andbeneficiary fabricating insurance objects、 insurance accidents andreason,and overstating the extent of damage or making insurance accidentin order to defraud insurance compensation illegally. The criminalsubject of insurance defrauding is special one, which must be applicant、assured or beneficiary. The objects encroached upon by the crime ofinsurance defrauding are complicated ones, such as insurance regulationsof our country and the rights of public and private ownership. Insurancedefrauding can be only the direct intention in subjective side and hascriminal purpose by the way of defrauding insurance compensationillegally.There are many defects in the legislation of china’ penal law oninsurance defrauding. These defects are the following aspects.The first, the shortness in the legislative models and we should putmore attention on the crime’s legislation.The second, the defect about the object of insurance defrauding isnot conductive to control the crime.The third, on the subject of the insurance defrauding, our penal lawdoes not constitute the illegal possession for the purpose. The fourth, on the objective of the insurance defrauding, our penallaw only series five objectives actions. But in the current society, thesefive actions can not be fully exhausted the insurance defrauding.This article has also made suggestions of perfecting legislation andjudicature on the bases of theory analyses and judicature practice.The first, the legislative models about the crime of insurancedefrauding should change the legislative pattern of the crime coming intoexistence by result into by behavior.The second, the crime subjects of insurance defrauding should bestipulated as general subjects.The third, in the crime of insurance defrauding, the core is "aimingto illegal possession",so we should put the core into the subjectiveconstitution.The fourth, the manifestation style should be perfected.The author hopes that this article could combat and reduce the crimeof insurance defrauding effectively, and make the insurance develop inthe normal way and supply powerful guarantee for the economic constructionin our country.