The Study On The Crime Of Use Of Funds Illegally In Insurance Field

In April 2016,an official of ZhongRong Life Insurance Co,ltd was detained for the suspected crime of use of funds illegally,which had caused a great sensation,witnessing the first case of the crime of crime of use of funds illegally.This case brings a huge challenge to related departments,because on the one hand,there was no application of the crime of crime of use of funds illegally in judicial practices since it was stipulated in the six Amendment to Criminal Law in 2006,and for another part,there was little theoretical research about this crime.As a result,an in-depth research on this crime should be done to adapt to the serious situation of the crime of crime of use of funds illegally in areas such as insurance.This article will give analysis on this crime mainly from the following aspects.1.The legal interest of the crime: to some extent,the legal interest is the result of the study rather than the premise,we need to analyze the subject,objects,behavioral characteristics of the crime and the like to find legal interests,but in another sense,legal interest is the prerequisite of and instructive to these specific issues.Therefore,this article discusses the legal interests in the first part.In light of the status of this crime and the purpose of legislation,it is the opinion of the author that the legal interest of this crime should be the safety of insurance funds rather than financial management order,financial management system or property ownership.2.The subject of the crime: this crime is a unit crime with a single penalty.On the one hand,we can't deny the nature of the unit crime just because of the special features of the single unit crime punishment system;On the other hand,there is no such thing as a loophole in the protection of the law for this crime,therefore there is no need to add natural person who may commit this crime.3.The range of violation of the provisions of the state: for the crime of embezzlement of ordinary funds whether insurance company commits such crime can only be directly referred to insurance law,which means that the provisions on such crime shall be understood in literal meaning without expansion or narrowing in its literal meaning,and the only reference in insurance area is insurance law.But the insurance law is overbroad on how insurance companies using money illegally,and the insurance law itself is sometimes not sufficient to judge whether the money is being used against the law.In the meantime,insurance law itself provides that: the specific management measures for the use of insurance funds shall be formulated by the insurance supervision and administration institution under the State Council in accordance with the provisions of the preceding two paragraphs.Therefore,in the concrete,we can refer to the specific provisions of China Insurance Regulatory Commission(CIRC)to judge whether the using funds of insurance companies is illegal or not.4.The act of the crime: on the one hand,using funds illegally mainly means using funds beyond what is provided in the law or without permission or approval;On the other hand,the use of insurance funds mainly refers to insurance investment,which has certain connotation and does not contain misappropriation.5.This crime belongs to neither offense of act nor consequential offense,but circumstances offense.Though the law does not provide expressly that serious circumstance is one of the constitutive requirements,the constitution of this crime shall be on the premises of serious circumstance in respective of the purpose of law and the way of systematic interpretation.