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Potentially Fraudulent Behavior Of Self-mutilation Means Criminal Regulation

Posted on:2014-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:G N XuFull Text:PDF
GTID:2296330425478611Subject:Criminal law
Abstract/Summary:PDF Full Text Request
This Issues related to a typical insurance fraud case involving analysis, combined withthe provisions of our criminal law on the crime of insurance fraud and the academic view ofinsurance fraud, as well as abroad on issues related to the legislation, focusing on constitutethe crime of insurance fraud and judicial determination and agree to injury whether theconfiguration of the crime of criminal theory expounded their views. This paper is dividedinto five chapters, Chapters III and IV of which is the focus of this article chapter. The firstpart of the cause of action. The second part is an overview of the case. The third part is thefocus of the controversy of the case:(a) Wang not actually deceive a huge amount ofinsurance money, whether it constitutes insurance fraud (b) whether the defendant Lee set upinsurance fraud accomplice, constitute insurance fraud (c) The perpetrator called others to cutoff their own feet cause severe injury, the offender would constitute the crime of intentionalinjury. The fourth part is the analysis of relevant jurisprudence, a main part of this paper, isdivided into two parts, the first part is divided into three sections. The first section introducesthe concept of the charge and the origins of insurance fraud. First, the concept of insurancefraud, made a brief Commentary, and then made a brief presentation to the origin of thecounts of insurance fraud; in the second section,"the constituent elements of the crime ofinsurance fraud and insurance fraud and Objective Problems, comments, andrecommendations of insurance fraud legislation. The third section,"the judicial determinationof insurance fraud" is divided into two parts, the main accomplice in the crime of attemptedmorphology and insurance fraud insurance fraud identified were briefly discussed. Prepareand discuss the attempted insurance fraud the attempted distinction as well as the attemptedinsurance fraud and the division of the Accomplished form of insurance fraud. China’scriminal law provisions and the civil law of the general principles of accomplice accompliceunderstanding discusses accomplice in the crime of insurance fraud. The second partdiscusses whether intentional injury behavior based on the consent of others constitute thecrime of intentional injury. This part is from the point of view of scholars, combined countriesagree to homicide, cf agree with homicide identified agreed to harm the crime. The fifth partis the "conclusion" is divided into two sections, the first section is a combination of LegalAnalysis arrive at the conclusions of the scenario in this article, the second section iselaborated on the basis of summing up of the case the case to their own revelation for insurance fraud.The crime of the proposed new judicial interpretation to adapt to thechanging forms of crime. Agreed to injury crime recommended treat cf intentional homicidethe exhortations killings attitude to deal agreed to injury cases.
Keywords/Search Tags:insurance fraud, attempted, accomplice, agreed to injury crime
PDF Full Text Request
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