Judicial Determination Of The Insurance Fraud

Insurance fraud is one kind of crime which can produce serious social harm, therefore itis very necessary to strengthen the theory research of the crime of insurance fraud andcrackdown in judicial practice. In this thesis, surrounding justice of the crime of insurancefraud, the author points at some of the problems including the constitute of crime, theboundaries identified and the patterns of crime, using comparison method, make detailedanalysis from multiple perspectives, the object of insurance fraud is complicated includingthe national insurance system and the insurance company’s ownership of property, the mainsubject is a special which limited to the insurance applicant, the insured and the beneficiary,insurance fraud is a direct intentional crime that must has the main character of illegalpossession of insurance money. The large amount is one important criterion for judginginsurance fraud guilty or no guilty, through the comparison it could be found that althoughthere is a definite link or similar among insurance fraud crime, fraud crime and contract fraudcrimes, the clear distinction in the application of law can not be confused. The judgment ofinsurance fraud crime depend on the amount in the activity, may exist an attempted form. Thespecial features of insurance claims lead insurance fraud usually in the form of commoncrime, thus the case will be more complicated. In the quantity form of crime, insurance fraudis mainly about implicated criminal, but there are different punishments to implicatedcriminal for one crime or several crimes. Through this discourse, the author wants to supplysome references to the theory of insurance fraud crime and judicial practice.