Study On The Crime Of Insurance Fraud

From the perspective of judicial practice, This article analysis of insurance fraudproblems in the recognition,and then give my own views on the controversial anddifficult issue. This thesis write from the behavior of insurance fraud, crime or notcrime this crime or that crime, and stop patterns, the accomplice, the number ofcrimes, the article will accordingly divided into six parts..The first part, from the five basic behavior of insurance fraud, analyzing thespecific meaning of each behavior and performance, and illustrate the difficult oneswith a brief case. Insurance fraud, including the five basic behavior: the fictionalinsurance, fabricated reasons for the occurrence of accident or exaggerated the extentof loss, the insured, the insured or beneficiary made up of insurance accident notoccurred, intentionally causing damage to property, the insured intentionally causedthe death, disability or illness, these behaviors are expressly provided by the law.The second part is to distinct the crime or non-crime of insurance fraud,mainly on account of "large amount" and "illegal possession for the purpose". It startsfrom the subjection and objection, aims at further define the crime of insurance fraud,to provide a reference guide judicial practice.The third part is to distinct insurance fraud and other crimes. As the subject ofinsurance fraud in the conduct, behavior, criminal object and objective aspects ofcrime and other crimes have similarities, so it is necessary to distinguish betweenthem. This includes insurance fraud and fraud, insurance fraud and contract fraud,insurance fraud and corruption, embezzlement, insurance fraud and intermediaryorganizations to provide the crime of false documents, documents issued byintermediary organizations who issued false documents.Part IV is the identification of patterns of the insurance fraud crime. By analyzethe identification of “start”, distinguishing the exact location of the preparation ofinsurance fraud and attempted, and then from the nature of the crime of insurancefraud, the identified amount of insurance fraud,the identification of the possession ofinsurance to distinguish the crime of insurance fraud accomplished and attempted.Part V is about the identification of accomplice in the crime of insurance fraud.Including experts, the people who witnesses, the people who do the propertyassessment deliberately provide false documents, provide the conditions for others, isidentified an accomplice in insurance fraud; the identification of an accompliceamong the insured, the insured person, beneficiary; insurance parties in collusion withthe insurance company for insurance claim is identified as accomplice in the crime ofinsurance fraud.Part VI, through the analysis of insurance fraud’s implicated, lapping of legalprovisions and imaginative joinder of offenders, further distinguishes the crime ofinsurance fraud, and combined with a variety of punishment in principle, summarizedthe insurance fraud and its identification of the number of crimes.