Subject Of The Crime Of Insurance Fraud

Delimiting the scope of the main body of Insurance Fraud Crime correctly is a key step to effectively crack down Crime of Insurance Fraud. The main body of Crime of Insurance Fraud belongs to general legislative mode, not special legislative mode. Therefore policy holder, the insured and the beneficiary should not be explained as regulated in Law of Insurance, but should be differentiated into two levels, namely form and essence, of which understanding being of form. In practice, the common conducts such as cheated compensation, the insured defrauding insurance money by self-damage and the insurer’s fraud insurance in reinsurance can all be concluded into the scope of Insurance Fraud Crime. As for the unit which has committed Crime of Insurance Fraud and at the same time been involved in Crime of Intentional Homicide and Arson, under the condition of which cumulative punishment is not suitable for the unit but the person directly responsible. Besides, in joint crime, it is also necessary to grasp the nature of behaviour and to correctly cognize crime, especially the behaviour of supporting document falsification conducted by insurance accident appraiser, voucher and assessor. If one commits at the same time both Crime of Insurance Fraud and Falsification of Supporting Document, concurrence of law making asks that the principle that special law is superior to common law and law of light penalty is prior to law of heavy one should be adopted in conviction. While dealing with internal and external collusion to defraud insurance money, the criteria that special identity being primary while position manipulation being subsidiary should be used.