The Analysis Of Wang Liqiang And Zhou Xin’s Insurance Fraud

With the improvement of living standards, the understanding of all kinds of insurance, the insurance industry of our country develops rapidly, and at the same time, the number of insurance fraud crimes have also risen sharply, and all kinds of insurance swindling crimes happen from time to time. Although the198th item of "Criminal Law" details regulations and lists the five kinds of situation, but it cannot not fully meet the judicial practice of the criminal conviction punishment, so the crimers commit a crime with some other ways.This paper adopts the form of case analysis, basing on the case of first instance and second instance verdict, according to the case that reflect the legal problems and make a further thought and puts forward some suggestions according to the case that reflect the legal problems. First of all, through the details of a case and trial results review, it puts forward different opinions about take self-mutilation means insurance swindling behavior qualitative through looking back the judicial practice insurant colluding with others to. Secondly, the author proves his point of view from insurance fraud "proceeds",basis for the common law crime of insurance fraud and common criminal subject dealt with identity issues. Finally, based on the analysis of the cases, it put forward the proposal of insurance fraud special subject provisions, the problems existing in the indictment design, and the general subject for the reconstruction of the legislative model.Because of the features of many means of insurance fraud crime and easily leading to the other crimes, the author wants to pass this paper to provide some help to solve the problems in judicial practice, so as to safeguard normal insurance order operation and maintain insurance company legal person property ownership shall be inviolable.