Probe Into The Criminal Legislation Perfection Of The Insurance Fraud

The insurance fraud became an independent crime as the Criminal Law of the People's Republic of China was amended in 1997,which imposed such crimes more special by playing a positive role in combating the crime and regulating the industry.However,the occurrence trend of these crime cases raised in recent years,resulted in more than half of the premiums from insurance companies was paid,which make abnormal operation and serious losses for insurance companies,also seriously disrupt the regulation of insurance market.Moreover,these crime cases weakened the insurance function of economic compensation,indirectly damages the interests of other insured people,be harmful to the construction of national economic and development of social stability.In order to effectively curb the crime of insurance fraud,our scholars,experts and law officers have made many achievements,which has far-reaching significance on this industry development.However,the situation of insurance fraud still became seriously as social development,and these legislative practice couldn't meet the insurance market need.Thus,this paper discovered and combed the phenomenon and typical cases of insurance fraud crimes in practice,discussed some problems among criminal legislation,proposed some own suggestions and then explored the loopholes of the legislative provisions to perfect the criminal law of insurance fraud and development of social economic.This paper is divided into four parts:the first past is introduction of the legislation of insurance fraud,following two parts are legislation comparison from different countries and areas and their legislation discussions,the last part is some legislation suggestions for our country.The first part pointed out the development situation of the insurance industry and showed the significance of the legislation of insurance fraud through relevant data from reality situation.The second part compared the legislation development from different countries and areas and reviewed the whole process of legislation on insurance fraud,including current framework and contents.Besides,this part introduced the legislation process of insurance fraud in other countries,and compared with China on six aspects,then explored ways to perfect the legislation of insurance fraud from foreign experience.The third part discussed the shortcomings in the legislation of insurance fraud,pointed out the urgency and necessity of perfecting legislation.This part mainly discussed the subjective aspect,the objective aspect of the crime,the special form of the crime and the deficiency of the penalty,and pointed out the urgency and necessity of improving the legislation of the crime of insurance fraud.The last part listed some suggestions on legislative of insurance fraud.Specific legislative opinions were given by combined with the legislative concepts,actual situation and aboard experiences.It is suggested that the criminal subject could be extended to general to lead the enumerated crimes and general crimes as criminal behavior pattern.The criminal objects should be expanded from the insurance premium to the insurance expense to make the crime accomplished pattern includes consequential offense and behavioral offense.Moreover,perfecting the stipulation of combined punishment for several crimes and deleting the common crime provisions to increase the scope of the free penalty and change the existing fine punishment.