Research On Several Issues Of The Crime Of Insurance Fraud

The crime of insurance fraud is a crime in the financial field,which infringes the order of the insurance industry and the insurer's property in the financial field.At the present stage,there are more and more types of subjects involved in insurance fraud in China,and there are many "innovations" in their behaviors.The amount of money involved is increasing,and the social harmfulness is increasing accordingly.Therefore,it is of great significance to maintain the order of insurance industry and even the order of financial field to reasonably establish the constitutive standards of insurance fraud crime,reasonably determine the scope of the regulatory subject of insurance fraud crime,establish the ways to enter and exit the crime of insurance fraud crime,and establish the solutions when facing the intersection of criminal and civil.This article is divided into five parts.The first part tells about the determination of the "start" time of insurance fraud,the second part tells about whether the insurance fraud committed by a specific subject can be regulated,the third part tells about the thinking of dealing with the intersection of criminal and civil in insurance fraud,the fourth part tells about the determination of the amount of the crime of insurance fraud committed jointly by the unit and natural person,and the fifth part tells about the controversy of the theoretical circle on Article 198,paragraph 4 of the Criminal Law.The first part is about the determination of the "starting" time of insurance fraud.There is a dispute between formal objectivity and substantive objectivity.Formal objectivity includes the legal act starting theory and false information transmission theory,and substantive objectivity is the claim theory.Through the analysis of various theories,it is finally considered that formal objectivity and substantive objectivity should beThe second part tells whether the insurance fraud committed by a specific actor should be the constituent elements of the crime of insurance fraud.The malicious reinsurance behavior,concealing dangerous insurance behavior,insurant's suicide insurance fraud behavior and impersonation insurance fraud behavior are analyzed theoretically respectively.By integrating various viewpoints and disputes,it is first determined whether the subject who implements the above behaviors can constitute a crime,and then whether it can constitute the crime of insurance fraud.In the third part,it tells about the solution to the problem of the intersection of criminal and civil in insurance fraud cases.By citing relevant cases and evaluating the existing moderated illegal monism and separate evaluation theory,it is considered that it is more reasonable to determine the solution to the intersection of criminal and civil according to the moderated illegal monism,that is,when the civil evaluation is legal,it is denied that it constitutes a criminal offence,and when the civil evaluation is illegal,it is judged whether it constitutes a criminal offence based on the appropriateness of the behavior in the constituent elements.The fourth part tells about the determination of the amount of the crime of insurance fraud jointly implemented by the unit and natural person.Through the analysis of the existing theoretical viewpoints,namely,the unit standard theory,the principal offender theory and the separate evaluation theory,it is finally determined that the separate evaluation theory can realize the reasonable conviction of insurance fraud and realize substantive justice.The fifth part tells the theoretical controversy of the fourth paragraph of Article198 of the Criminal Law.By analyzing the relationship between the general provisions and specific provisions of the Criminal Law,the connotation of the one-sided accomplice theory,the attentive provisions and special provisions,and comparing the relationship between this paragraph and Article 229 of the Criminal Law,it is finally concluded that the fourth paragraph of Article 198 of the Criminal Law is a special provision in the general attentive provisions.