Study On The Legal Prevention And Control Of Auto Insurance Fraud

With the rapid development of China’s market economy,people own more and more vehicles(I.E.Motor Vehicles),which leads to the rapid economic development of the domestic automotive sector.Of course,with the gradual increase in the number of motor vehicles,motor vehicle insurance market has also undergone certain changes,motor vehicle insurance business is also booming.The rapid development of motor vehicle insurance is of great significance to the development of China’s economy and the maintenance of social harmony and stability.Although motor vehicles can make people’s life more convenient,according to the survey data,the regulatory means and legal prevention and control measures of China’s motor vehicle insurance market are still quite inadequate,the causes of the shortage are not only social,economic and human factors,but also internal supervision factors and social and legal environment factors.These factors are undermining the normal order of the motor vehicle insurance market.At the same time,motor vehicle insurance market has gradually emerged various forms of insurance fraud.Car Insurance Fraud is not only a means of fraud,but also illegal.If such fraudulent means or illegal acts can not be effectively contained for a long time,it will certainly affect the normal operation of motor vehicle insurance business and the healthy development of the insurance industry,at the same time,it also puts forward the realistic challenge to the Insurance Law of our country.At present,China’s laws and regulations concerning motor vehicle insurance are still in the status quo.Even if there are similar relevant provisions,they only exist in other laws and regulations,and do not have the binding force of special laws,therefore this kind of fraudulent means or has the illegal behavior automobile insurance fraud to become more diverse,makes our country automobile insurance market appears more chaotic.In view of this,in order to better safeguard the stability of the motor vehicle insurance industry and better safeguard the insurance companies own legal regulatory rights,it is very important to solve the countermeasure and suggestion of Automobile Insurance Fraud Law Prevention and control and to enhance the insurance company’s own supervision and control measures.This paper consists of five parts:The first part is introduction.The main contents include the research background,the research goal,the research significance,the domestic and foreign research present situation and the research method.The second part is a brief introduction of the case and the focus of the dispute.Three typical cases of the case as a whole to carry out a concise exposition,at the same time put forward the focus of the case dispute.The third part is the jurisprudential analysis of the dispute focus.This part focuses on the vehicle insurance fraud,the concept of vehicle insurance fraud,including the concept of vehicle insurance fraud,the characteristics of vehicle insurance fraud and the social harm of vehicle insurance fraud.At the same time,the Insurance Company’s own regulatory problems on whether the car insurance fraud caused by the opportunity to analyze the reasons.The fourth part is the conclusion and enlightenment of the research.This section focuses solely on the controversial focus of the case,this paper analyzes the causes of the problems in the legal prevention and control of automobile insurance fraud and anti-fraud from the aspects of legislative defects,weak law enforcement of automobile insurance anti-fraud,and imperfect judicial remedy mechanism of automobile insurance anti-fraud.In the meantime,the lack of legal awareness on anti-fraud of the insurance company’s employees,the low anti-fraud skills of the claims adjusters,and the violation of the legitimate rights and interests of the insurance consumers are analyzed in terms of the oversight of the Insurance Company’s own supervision and control on anti-fraud,to reveal the social harmfulness of car insurance fraud.The fifth part is the conclusion.Through the Review and summary of the content of the article,the author puts forward the prospect for the future.At the same time,aiming at the anti-motor insurance fraud environment in our country,we should guide consumers to raise their legal consciousness and increase the enthusiasm of all circles in society,so as to optimize the social legal environment of anti-motor insurance fraud.