On Crime Of Insurance Fraud

The 198th article of the Criminal Law of China prescribes the offense of insurance fraud independently. However, there are still some problems worth study in the aspects of its legislation and practice. The paper deals with certain common ones and makes specific analyses with the aim of providing service for the criminal legislation and judicial practice.Chapter One mainly introduces the concept of the offense of the insurance fraud and its characteristics in the present days, and then it points out the serious damage. As for the concept, we get rid of the former definition and put forward the new one: this crime is an action that some units or individuals with the intention of illegal possession defraud others of a large sum of insurance money by means of insurance contracts.Chapter Two discusses the constitution of the offense of the insurance fraud. We briefly analyze the simple object theory and the complicated object theory, and draw the conclusion that the object of this crime should be the government on the field of insurance and the publicly-owned and privately-owned property ownership. As for the offense of the insurance fraud' s subject aspect, we reclassify the special behaviors not contained in the two theories and bring some advice to improve legislation. What' s more, the paper focuses on the study of the problems related to the offense of the insurance fraud. We think that not only the special subject but also the insurants should be one of the subject of this crime. At last, we talk about the subject aspect of theoffense of the insurance fraud and we conclude that this crime must have illegal possession and direct intension.Chapter Three discusses the problem of how to determine the offense of the insurance fraud, including the distinctions of this crime and others, the distinction of crime numbers, the joint offender of the offense of the insurance fraud and the yardsticks of offense of the insurance fraud' s accomplished and unaccomplished offenses. On the basis of researching the opinions of all schools, we draw conclusions or solve new problems.Chapter Four comes to be the last part of the paper that dealing with the punishment of the offense of the insurance fraud. We believe that we should attach more attention to the forfeit penalties, improve qualification penalties, reduce the total amount of the penalty. In addition, we bring advice to the setting of the penalty of units' crimes.