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Analysis Of An Accomplice In The Crime Of Insurance Fraud

Posted on:2013-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:X Q CengFull Text:PDF
GTID:2246330392450426Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Insurance fraud always have involved multiple identities persons, so common in the form of joint crime. Accomplice itself is academic difficulty, so it’s difficult to distinguish the insurance fraud principal offender, instigator and accessory offender. Combined with insurance fraud often involves a variety of different identities, so increased the difficulty for the crime of insurance fraud accomplice qualitative, Research accomplice in the crime of insurance fraud, both from the point of view of criminal law theory, or from the sense of judicial practice, are of great significance. This paper focuses on the plight of crime subject to judicial practice, common crime of insurance fraud, the focus is the insurance fraud principal offender, instigator and accessory offender.For the implementation of acts of common crime to be studied first insurance fraud, To obtain insurance money from the insurance company as insurance fraud started in this premise, combined with the facts of the crime dominance theory. The insurance applicant、the insured and the beneficiary of the case in collusion that how to constitute to be joint principal offender. And analysis the Joint Principal offender about insured with insurance companies colluding to defraud the insurance money. Common crime in this case qualitatively using a central role, imagine competing "to analyze. Provide a qualitative standard in collusion to defraud insurance money in such cases for judicial practice. Another situation in insurance fraud principal offender, that is insurance fraud indirect principal offender. Analysis in accordance with the different situations of the identity crossed, analysis of possible insurance fraud indirect principal offender. It should be noted instigator of the insurance fraud, the specific circumstances of the insurance fraud instigator on the restrictions from instigator attribute. If the instigated person is not committed the instigated insurance fraud. And analysis the reason of instigator can be lighter or mitigated punishment. Accessory offender of insurance fraud is emphasized to analysis it’s committed from the property. Deny the existence of indirect accessory offender in insurance fraud, and certainly the existence of unilateral accessory offender in insurance fraud. At last, separate spirit accessory offender with the instigator in the insurance fraud. This article hopes the common crime of insurance fraud through the above analysis will provide a clearer guide for judicial practice of the common crime insurance fraud in the qualitative.
Keywords/Search Tags:Insurance fraud, Principal offender, Instigator, Accessory offender
PDF Full Text Request
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