Review And Analysis Of Criminal Case Of Insurance Fraud By Forging Traffic Accident

The provisions of the Criminal Law on insurance fraud have not been substantially revised for many years,which leads to great disputes in dealing with relevant issues in criminal law theory and judicial practice.From the sample cases of "Zhang Yanbing,Li Kuanying fraud,insurance fraud" and "Tong Zhihao,Wu Hao fraud,insurance fraud",there are three main disputes in using traffic accidents to carry out insurance fraud.That is,the main body of insurance fraud,the evaluation of accomplice behavior of three kinds of special subjects in carrying out insurance fraud with others,and the identification and judgment of the number of insurance fraud crimes committed by the perpetrator.According to the criminal law,criminal law theory is used to the analysis of three controversial points,although insurance fraud for three kinds of legal special subject,namely,policy-holder,insurant and beneficiary beneficiary,but in the case of traffic accident insurance fraud,substantial judgment should be made for the offender identity real drivers of traffic accident occurs,If the applicant has obtained prior permission and the driving qualification is legal,the applicant should be the substantial insured,and the victim who has the right of insurance claim in the traffic accident should be the substantial beneficiary,which are in line with the main elements of insurance fraud.The fourth clause of Article 198 of Criminal Law is a special provision,so the expert witnesses,witnesses and property assessors of insured accidents can be set up as accomplices in the crime of insurance fraud even if they do not commit the crime jointly.The nature of joint crime is determined by the behavior nature of the core role,and then the crime of the perpetrator is determined according to the theory of imagination competition and cooperation.When others other than the employees of the insurance party jointly commit insurance fraud with the three special subjects,the nature of joint crime shall be determined by the charge of the principal criminal.If the perpetrator commits insurance fraud and constitutes other crimes at the same time,it should be dealt with on the basis of the theory of crime constitution standard,combining with the theory of imagination,law and implicated crime.If the criminal act taken by the perpetrator is implicated in insurance fraud,if the insurance fraud method falls under the circumstances specified in the second paragraph of Article198 of criminal Law,it shall be punished with the combination of several crimes,otherwise it shall be punished with a felony.