Research On False Claim Procedure Of Trafic Accident Insurance

With the high-speed development of our economy and society,the diversification of social values,moral civilization,honesty and credit,etc.,are facing severe challenges.These manifestations in the field of civil litigation are increasingly serious false litigation issues.At present,there are more and more civil false lawsuits,not only the number of cases continues to grow,but also the types of cases.With the increase in the number of motor vehicles in China,there are more and more cases of motor vehicle traffic accident liability disputes.In the field of traffic accident insurance claims,the problem of false litigation has become increasingly prominent.The traffic accident insurance claims the false litigation agent to create false traffic accidents,fictitious infringement legal relationship,provide forged traffic accident liability identification,identification opinions and other evidence,by lawsuit this legal form,deceive the court,use the court's effective judgment documents To achieve its purpose of obtaining illegal benefits.This kind of false litigation not only caused losses to the insurer,but also caused infringement of the entire insured,disrupted the civil litigation order,,and undermined social harmony and stability.How to identify and prevent false lawsuits in motor vehicle traffic accident liability disputes has become an urgent problem in judicial practice.However,there is no definition of what is a false litigation law.There is no unified understanding between the theoretical and practical circles.There is a debate about "single-side deliberately speaking" and "two sides maliciously colluding." The essence of false litigation lies in the falseness of litigation.The concept of false litigation in the scope of civil litigation should be based on the criminal law's determination of false litigation.Therefore,the author believes that false litigation refers to the actor's illegal motivation and purpose,either alone or Collusion with others,virtual legal relationships or legal facts to bring a lawsuit to the court,so that the court makes a false referee,in order to seek illegal interests.The false litigation is divided into different types according to different standards.From the purpose of identifying the false claims of traffic accident insurance claims,the most meaningful classification is whether the original and the defendants arejointly deliberately divided into two types of collusion.These two types of traffic accident insurance claims false litigation have the following characteristics: first,the particularity of the relationship between the parties;second,the legal professional participation is high,and the party's attendance rate is low;third,the weakening of the defense process;Fourth,the litigation process is simple and the performance is abnormal.Fifth,it has certain concealment and the recognition is lagging behind.The causes of false accidents in traffic accident insurance claims are various.From the perspective of moral integrity,it is mainly due to the lack of social integrity,the imbalance between cost and income,and the lack of a unified credit system.From the perspective of legal system,evidence system omissions,litigation The mode limitation and the mediation system are alienated;from the perspective of judicial operation,it is affected by the weakening of judicial power and the contradiction of many cases.The prevention and regulation of traffic accident insurance claims for false litigation is a systematic project.In addition to strengthening the construction of social rule of law and integrity,in terms of legal regulation,it expands the scope of false litigation legal regulation,stipulates unilateral manufacturing-type false litigation;and constructs false civil litigation The system of tort liability;regularize the principle of good faith.In the prevention of false claims of traffic accident insurance claims,the court needs to establish a system for notification and disclosure of case-warning and false litigation;strengthen pre-trial review,improve delivery procedures;strictly review and confirm evidence;establish a special agency verification and confirmation mechanism;Coordination and cooperation between the procuratorate and other departments.The procuratorial organs should pay attention to the types of multiple and easy-to-issue cases when punishing and defending the false claims of traffic accident insurance claims,and find out the difficulties;fully exercise the power of investigation and verification.