Study On The Subject And Accomplice Of The Insurance-swindle Crime

The insurance-swindle crime adopts strict enumeration to state the crime,and limits the subject scope of the crime to the applicant,the insured and the beneficiary.With the continuous development of insurance market and the emergence of new types of insurance fraud crime,it is necessary to expand the subject of the insurance-swindle crime from special subject to general subject.Based on the theory of the subject of the insurance-swindle crime,this paper analyzes the nature of insurance fraud by different subjects,and discusses the difficulties in the joint crime of insurance fraud from the subject point of view.It is found that under the special subject mode,the problems existing in the subject scope of the insurance-swindle crime add obstacles to the identification of insurance fraud and joint crime.The first chapter is an overview of the subject of crime.The legislative process of the insurance-swindle crime in China is summarized and the subject changes are analyzed.This paper discusses the general subject theory and special subject theory of theoretical disputes.Whether to the specific connotation of policy-holder,insurant and beneficiary beneficiary cites the regulation on insurance law,also existence affirms to say the dispute of fixed say.This paper analyzes the connotation of the three types of people from the difference of punishment and confirms that the three types of people should be understood in two levels of substance and form.The second chapter analyzes the different subjects to carry out insurance fraud crimes.An applicant,an insured or a beneficiary who commits insurance fraud shall be directly punished as the insurance-swindle crime if it meets the relevant provisions.The behavior of self-loss insurance fraud of the insured should be included in the regulation scope of the insurance-swindle crime.The key point to determine whether insurance institutions defraud customers lies in the discrimination of whether insurance-swindle crime rules insurance institutions.Through retrospective legislation and analysis of legislative intent,it is necessary to include the insurer’s fraud in insurance business activities into the regulation scope of this crime.The key of determining insurance fraud as duty embezzlement or embezzlement lies in the fact that the staff of insurance institutions take advantage of duty convenience.Only when insurance agents and insurance brokers commit insurance fraud can they be judged as the insurance-swindle crime.In the case of insurance fraud under false name,both the essential characteristics of the behavior and the rationality of the punishment of criminal behavior should be identified as the insurance-swindle crime.The third chapter analyzes insurance fraud joint crime from the main point of view.The joint crime between the applicant,the insured or the beneficiary shall be punished as the insurance-swindle crime if the constitutive elements are complete.The joint crime of the expert,the witness,the property appraiser and the insurant constitutes the accomplice of the insurance-swindle crime,whether it is mutual agreement or one-sided accomplice.On the occasion of the joint crime between the person without specific identity and the applicant,we should consider the role of the identity crime in the joint crime.If the person without specific identity actually enjoys the unique identity convenience of the applicant,it constitutes the accomplice of the crime.Internal and external collusive insurance fraud,that is,insurance institution staff and the applicant,the insured or the beneficiary jointly commit insurance fraud,according to the principle of imaginary co-crime to identify a certain degree of rationality.In the case of joint crime between the staff of insurance institutions and the state staff,it is feasible to take the principle of dealing with imaginary co-offenders as the identification standard.The fourth chapter is the analysis of the problems existing in the subject scope of the insurance-swindle crime and the feasibility of expanding the subject scope of the crime.On the basis of the above discussion,the author analyzes the problems existing in defining the special subject of the insurance-swindle crime.The setting of special subject is contrary to the essence of insurance fraud crime,and the setting of subject is not comprehensive and unequal,and the too narrow subject scope cannot cope with new crimes.In this mode,there are many disputes in the identification of joint crime,and there are inconsistent judgments in judicial practice.It is feasible to expand the crime subject of the insurance-swindle crime to the general subject,so as to ensure the independent value of the insurance-swindle crime,ensure the internal unification of financial fraud and effectively regulate the new insurance fraud crime,which is conducive to the identification of insurance fraud joint crime.