On The Expansion Of The Subject Scope Of The Crime Of Insurance Fraud

China's current criminal law provisions clearly stipulate the scope of the subject of insurance fraud,limited to policy-holder,insurant and beneficiary beneficiary,there is a controversy in the theory and practice of this regulation.Some scholars believe that insurance fraud is entirely possible to be carried out by people other than these three types of specific subjects.It is unreasonable to rule out behaviors that cannot be attributed to insurance fraud in such practices as fraudulent cheating and compensation.The subject of insurance fraud is the general subject.However,most scholars hold the opposite view that the provisions of criminal law stipulate the scope of the crime of insurance fraud,which is the legislative model of special subject.The criminal law separates the financial fraud crimes based on the particularity of their behavioral infringements,and is aimed at more effectively cracking down on fraud crimes in the financial field.It is not intended to crack down on criminal acts committed by special subjects.Specific to the crime of insurance fraud,the scope of the special subject stipulated in the criminal law is in line with the requirements of the special legislative era at that time,such as the underdevelopment of the insurance industry at the beginning of the legislation and the relatively simple subject of the insurance market trading.However,with the establishment and improvement of China's socialist market economy system and the steady and rapid development of China's insurance industry,the occurrence of crimes of insurance fraud has become more frequent,and gradually shows a trend of diversification and complexity.In practice,there are also many acts of insurance fraud that are carried out by special types of subjects other than the three types,such as insurers,insurance agents,and insurance brokers.The types of behaviors and legal provisions implemented by such other entities are clear.The criminal acts of the nature specified by the three types of special subjects are not insubstantial in terms of subjective vicious aspects such as behavior,objective manifestations of crimes,and infringements of legal interests.They are all infringement of property ownership.At the same time,it also infringed the insurance management order and related systems.Although in the judicial practice,the conviction and punishment are generally carried out with other crimes,the criminalization of the same kind of behavior is inconsistent with the principle of equality in the criminal law theory,and it violates the legislative intention of legislators.The provisions of the current legislative provisions on the scope of the main body of insurance fraud crime is too narrow,it is inevitable in theory and practice there will be some problems,through the elaboration and analysis of related issues,we can find that the special legislation of the special subject of the legislative model can not meet the objective requirements for the effective regulation of crimes of insurance fraud under the current rule of law.Starting from the legislative perfection of the issues concerning the crime of insurance fraud,it is possible to make some assumptions about the expansion of the scope of the subject of insurance fraud and try to change the existing relatively limited special subject legislation model,the insurer,insurance agent and insurance broker,the person is included in the scope of the main body of the crime of insurance fraud to be regulated so as to expand the scope of subject regulation of the crime.