Research On The Difficult Problems Of Crime Of Insurance Fraud

With the increasing growth of China’s national economy,the insurance industry,as an important part of the financial system,has made great progress compared with its previous industry influence and asset scale.All walks of life in the face of insurance,especially property insurance service demand also presents a growing trend.Among them,different from traditional offline property insurance products,innovative online property insurance products rooted in the development of the Internet highlights diversification and technology in terms of market positioning and business process,but at the same time it brings many new problems and challenges in practice.Take flight delay insurance(hereinafter referred to as "delay insurance"),an innovative property insurance product,as an example.According to statistics released by the Civil Aviation Administration of China in 2019,the average delay time of passenger flights nationwide in 2019 was 14 minutes.The phenomenon of flight delay increases with the increase of domestic air passenger capacity,but it also brings a broad market of air delay insurance premium.To preempt the premium market share and gain a competitive advantage,the insurance company that most of the flight delay risks products,change the previous traditional offline/a mode of artificial underwriting and paper claims,and turn to the mobile Internet online insurance and new fast settling mechanism,so as to create more new insurance service mode to adapt to the consumer scenarios.Just as domestic aviation delay insurance ushered in a beautiful moment of booming development,due to the relaxation of underwriting and claims control policies,it also attracted the attention of criminals,who took advantage of the loopholes in the rules of insurance companies to seek illegal interests.This paper selects the typical facts of Li’s case of taking advantage of aviation delay insurance to analyze the case and the focus of controversy.Li Mou on the use of insurance company aviation extended insurance rules loopholes,impersonation insurance and access to insurance compensation for the behavior of the qualitative.Through a series of argumentative analysis,the author finally draws the conclusion that Li Mou’s behavior constitutes the crime of fraud.On the one hand,this paper by drawing lessons from foreign legislative experience explores and improves the crime of insurance fraud in China;On the other hand,through the synthesis of China’s criminal law interpretation on the intersection of civil punishment,at the same time,it puts forward the prevention and control countermeasures for insurance fraud.It is hoped that in the future,when dealing with similar cases like Li’s taking advantage of aviation delay insurance fraud,we can provide reference ideas for judicial personnel in the identification of related crimes,so as to better protect the property right of public and private in China and maintain the prosperity and stability of the insurance financial market.