Study Of The Problems Of Insurance Fraud

The author uses comprehensively the methods of the comparative analysis, the case analysis and the unification of the theory and the real diagnosis in the research paper. The author embarks from the legislation thought and the concept of the insurance-swindle crime, carries on a more thorough inquisition into some difficult problems of the constitution characteristics and judicature recognizing of the crime and puts forward some new opinions in the research paper referring to and modeling from the theory that the domestic and foreign experts study the insurance-swindle crime and the criminal judicature experience.The frame of the research paper is as follows:The first part is the outline of the insurance-swindle crime .The author summarizes the legislation condition of the crime in domestic and foreign and the concept of the crime.The second part is the research for some difficult problems about the constitution characteristics of the insurance-swindle crime. The author carries on a more thorough inquisition into some difficult problems about the object, objective aspect, subject and subjective aspect of the insurance-swindle crime in the part .The author approves of the theory that the object of the crime is the complex object and the subject of the crime is the general subject and elaborates his own opinions. The author discusses in detail some hard problems about the objective aspect of the crime and believes that the guilty form of the crime is usually the direct intention, but the guilty form of some subjects is the direct intention and the guilty form of the other subjects is the indirect intention in the common crime. The author elaborates the understanding that the motive of the illegally possessing insurance fund is a unwritten constitution factor of the crime.The third part is some difficult problems research for the judicature recognizing of the insurance-swindle crime .The author discusses in detail some difficult problems about the discrimination of the crime and the non-crime, the discrimination of the crime and other crimes, the recognizing of the form of accomplished offense and attempted offense , the common crime and one or some crime of the crime in the part. The author believes that the crime is the duplicate behavior crime , the crime begins when the subject of the crime starts to implement the method behavior , but we should postpone the beginning of the crime and think the time when the subject of the crime begin to fabricate the false reason for concealing the real reason of the insurance accident as the beginning of the crime when the subject of the crime uses the 4th, 5th method what is described in the 198th provision in the criminal law to cheat the insurance fund. There is a attempted form in the crime and the crime is a result crime. We should take cheating a great deal of insurance fund as the symbol of the accomplished offense of the crime. When the insurance company staff colludes with exterior personnel to cheat the insurance fund, we should take the guilt as the core to recognize the common crime and take properly into account the objective standard. If the subject of the crime makes the insurance accident but does not claim to the insurance company for the insurance fund, the insurance -swindle crime is at the preparation stage. We should not make simultaneous punishments in view of the crime which the insurance accident constitutes and the preparation of the insurance - swindle crime.