Research On The Application Of Criminal Law In The Huge Amount Of Insurance Fraud

On the basis of the theoretical dispute over the principle of dealing with the special relationship in the law of competition and the similarities and differences between the three provisions of the crime of fraud,the crime of contractual fraud and the crime of insurance fraud,this paper selects Yang,Yin,Lee insurance fraud in the application of criminal law of insurance fraud when a huge amount as a starting point to discuss special treatment principle.Through the application of criminal law on insurance fraud a huge amount of the inquiry to further clarify the treatment principle of the special relationship,the effect of the child is father of the man.At the same time,also would like to be in the judicial practice and the Yang,Yin,Lee insurance fraud cases involving similar special relationship principles to provide useful ideas of the referee.The full text is about twenty-one thousand words,in addition to the introduction,the main text is divided into the following four parts:The first part: the basic situation of the case.By Yang,Yin,Lee insurance fraud case and the disagreement of the introduction,the summary of the controversial focus of the case for the amount of insurance fraud is particularly large when the choice of the provisions of the criminal law.The second part: Legal Analysis of the relevant issues of the case.First of all,from a historical perspective,the relevant law of the case involved on the handling of disputes("criminal law" article 266 th,224th,198th)the origin of the comb;then,surrounding the case handling disputes involving three charges of law provisions,namely,crime of fraud,crime of contractual fraud,crime of insurance fraud,mainly from their differences,a brief summary of the mutual and the special relationship between the three;finally,into the core part of this paper,namely the principle of special processing relationship of law coincidence,this part is subdivided into three levels: first,to support the "unless the law expressly provided,the law can be added for heavy" the views of scholars are introduced;two,to support the "in addition to the provisions of the law expressly,the absolute priority of special law" scholars are summarized;three,the The special relationship of the processing principle of views,namely except the law(such as the "criminal law" the provisions of the second paragraph of article 149th),especially the law is better than the common law,can not be added for heavy law is better than the light law,illegal amount has not reached the special law of punishment from the amount of points,but more than the minimum amount of common law requirements,not applicable to common law,should be guilty.The third part: the conclusion of the case study.First of all,through the analysis of Yang and Yin,Lee insurance fraud,that their behavior constitutes a crime;then,based on the legal analysis of part of the special relationship of the principle of discussion,to be convicted and punished for Yang,Yin,Lee choose to apply the provisions of insurance fraud.The fourth part: the inspiration of the case study.Through the study of the case analysis,this paper argues that: resolutely reject the criticism of malicious criminal law,advocates maintain respect for criminal law;interpretation of criminal law should pay attention to during the system interpretation,the criminal law coordination;strictly implement the criminal law and penalty.