Research On Joint Crimes Of "internal And External Collusion" Insurance Fraud

The insurance system plays an important role in protecting and promoting social development and economic prosperity.While the insurance industry has achieved prosperity and development,it has also caused negative social impacts.Insurance fraud is one of them.Such actions not only infringe on the property rights and interests of the insurer,but also undermine the stable economic order of socialism.The "collusion of inside and outside" insurance fraud joint crime not only cunning and strong concealment pose a serious threat to the healthy development of the insurance industry and the orderly progress of the national economy,it needs urgent rectification.To this end,the theme of "internal and external collusion" joint crimes of insurance fraud is the research theme,and opinions and opinions are put forward on the current outstanding problems,with a view to providing new ideas for judicial organs to punish joint crimes of insurance fraud.Specifically divided into the following four parts:The first part summarizes the "internal and external collusion" insurance fraud joint criminal acts,introduces the legislative evolution of the insurance fraud crime,and clarifies the subject and behavior methods of the "internal and external collusion" insurance fraud joint criminal acts,as well as the specificity and behavior of the legal benefits The complexity of the subject,the duality of the subject and the duality of the criminal intention,these four aspects basically outline the characteristics of the "internal and external collusion" insurance fraud joint crime.In the second part,it elaborates the problem that the conviction standard is not uniform in the judicial determination of the "internal and external collusion" insurance fraud joint crime.In judicial practice,there are different standards of conviction.Some are punished on a single charge,including the determination of the charge based on the judicial interpretation,the charge of the principal,and the charge of the act;some are punished on different charges,including the specific status of the charge and the determination of a felony Charge.The third part analyzes the reasons for the inconsistent determination of the "internal and external collusion" type of insurance fraud joint crime.First of all,the theoretical disputes in the determination of mixed-identity joint crimes have led to differences in the determination of crimes,mainly including the viewpoint of unified conviction,the viewpoint of separate conviction,and the viewpoint of compromise conviction.Secondly,according to the content of the judicial interpretation,it is concluded that the criminal nature of the principal offender is convicted;and in the process of applying the judicial interpretation,only the act of occupational occupation of the perpetrator is recognized,and the act of insurance fraud is not recognized.Finally,the misunderstanding of "utilizing the convenience of one's position" has also prompted controversy in the determination of charges in judicial practice.The fourth part is the solution to the judicial dilemma of "internal and external collusion" insurance fraud joint crime.Starting from the clarification of the theoretical disputes in the determination of joint crimes with mixed identities,the principle of cognizance of crimes for the combination of conduct and imagination is proposed,and the conduct is the basic basis for conviction;when the joint crime has two or more crimes,the conduct can be combined Imagine the principle of competition and cooperation to judge.The expected understanding of judicial interpretation should be based on the common doctrine of behavior,and the accurate application of judicial interpretation should be based on the principle of comprehensive evaluation of joint crimes.The substantive criterion of "use of job convenience" lies in whether the insurance company staff can exert a decisive influence on the decision of insurance claims and the disposition of insurance money.