Analysis Of Qiu Etal Insurance Fraud

In recent years, China’s insurance fraud is more serious forms of crime. From across the country the Court’s docket, the number of insurance fraud crime is increasing year by year; growing amount involved; the staff insurance company collusion with the company outside the staff inside and outside the common criminal phenomenon increasingly prominent.In this case, the crime of insurance fraud in the Pudong New Area, Shanghai, for example, expand the analysis and discussion around the following four focus of controversy:a crime in this case the main problem and related offenses set for the case the subject of a crime, the theorists and the practitioners held two opposing views: some believe that the subject of a crime in the case for the service, case units criminal, charges should be set for insurance fraud; another part of the case is the subject of a crime Qiumou four, case is a natural person criminal charges should be set to defraud, of course, also been held in this part of those charges should be set to insurance fraud;, four of insurance after the charges set the focus of controversy mainly belongs contract fraud or insurance fraud; Third, the common definition of potentially fraudulent behavior, the dispute focused mainly on the behavior of insurance fraud or job occupation; debating whether the arrest of four of the necessity. The author after learning of knowledge and reference, the last draw relevant conclusions:Qiumou four constitute insurance fraud, the case does not belong to the unit crime afterwards insurance and common Pianbao, charges should be set up for insurance fraud, four no arrests necessityIn addition, the author of the case study and discussion, combined with major changes after the analysis of the introduction of the new Code of Criminal Procedure,"Let’s see more temper justice with mercy criminal policy, such as the judiciary, the non-custodial litigation specification Attorney the discretion of the officer, and so on, but also fully embodies the party and the state in the protection of human rights and punish the perpetrators made an outstanding contribution.