Research On Difficult Issues Of The Crime Of Insurance Compensation Fraud

The behavior of insurance fraud is classified as an independent crime after separating from the general swindle crimes, and it is stipulated in the crime of disrupting the order of the Socialist Market Economy when our country's criminal law was revised in 1997. Though the article 198 in criminal law stipulates crime of insurance fraud clearly, there are different understandings of the article's content among the criminal scholars. Arguments are concentrated mainly on the comprehension of the constitutive characteristics and the juridical cognizance of insurance fraud.By means of contract of insurance as intermediary, the behavior of making up facts or holding back the truth to swindle insurance compensations violates the basic principle of insurance which not only demolishes the normal order of insurance, but also infringes the insurer's property ownership. With the development of the undertaking of the insurance, the behavior of swindling the insurance compensation is complicated increasingly, besides the traditional policy holder, the insured or the beneficiary, the other people can also utilize contract of insurance to swindle insurance compensation .The swindle behaviors are renovated to some extent and no more confine to the five means. The swindle target has already extended to the social insurance compensation. All these mentioned above have become new phenomena. The behavior of insurance fraud can only been actualized on purpose as well as having the motive to occupy the insurance compensation illegally. Illegally obtaining the insurance compensation for indirect intent or negligence can't constitute this crime.The mode of consequential offence has been applicable to the insurance fraud crime in PRC criminal law. Therefore, the attempt exists in the crime of insurance fraud. When the ones assert the commencement of the swindle behavior in insurance we should combine subjective and objective standards as well as consider various kinds of concrete swindle behaviors. Generally, the criminal's starting to falsifying the subject matter of the insurance, overstate the extent of loss, inventing stories of aninsured accident that does not occur is regarded the commencement of the insurance fraud crime. The relatively large amount of swindle insurance compensation and the purpose of possessing it illegally are the indispensable conditions to constitute the crime of insurance fraud, and these are the standards to distinguish the crime of insurance fraud from the civil behavior of swindle and the improper behavior in insurance. When the policy-holder colludes with intermediary personnel or/and insurance company personnel to swindle the insurance compensations, how to identify the nature of the behaviors is crucial. If the intermediary personnel deliberately provide false testing papers and collude with the policy-holder to swindle the insurance compensation, their behaviors should be convicted as joint crime of insurance fraud. If the missionary of insurance company take advantages of his office and collude with the policy-holder to swindle the insurance compensation, according to the punishment principles of imaginative joint of offenses, the behaviors should be convicted as corruption or duty-related embezzlement. It is often followed by the behaviors of making up false testifying papers or deliberately causing the occurrence of insurance accident on purpose when the criminal want to swindle insurance compensations, when these means constitute the other crimes, there is a kind of implication between these crimes and the crime of insurance fraud, the whole case should be convicted according to the punishment principles of implicative offenses.As the social economic environment has changed, some regulations of article 198 in our country's criminal law have not met the judicative demands of suppressing the crimes of insurance fraud. Therefore it is essential to revise and improve on the regulations of article 198.