The Age And Crime Of Insurance Fraud

Criminal Law of the People’s Republic of China enacted in1979.At that time, China’s insurance industry is not developed. Someindividual insurance fraud cases were dealed with in the common way.But with the development of economy and the insurance industry, alsothe fact accepted by the people gradually, the insurance contractfraud cases also emerge in an endless stream, especially somecriminals put the insurance company as the first target in crimeprocess. Our country’s Insurance Law define the concept of insuranceclearly, when our country revised new criminal law in1997, put thecrime of insurance fraud independent, in addition to ordinary crimeof insurance fraud crime shall independently, with the practice inthe development of continuous improvement. It is to crack down andcurb the crime of insurance fraud’s rampant momentum provided astrong basis. In side embodies the basic principle of criminal lawrequirements, which requires not only at the legislative level ofpunishment corresponding, but also in the judicial aspects of thecorresponding. However, the crime of insurance fraud which havebeen seted in our country Criminal Law, with the development of reform and opening, the regulations about crime subject andinsurance object can not regulate a variety of insurance fraudseffectively which occurred in real life, it existed seriousdifferences with Insurance law on some problems, there were manyloopholes and defects on the crime of insurance fraud provisions,which provided opportunities for criminal commit a crime, thetypical is the problems about defining insurance object, which hasbeen perplexed judicial practice. This paper based on Shuaiying’scase, discussed the difficult problems on the crime of insurancefraud’s judicial practice, and proposed legislative suggestions onthe problems about The crime of insurance fraud.This paper is divided into six parts:The first part and the second part respectively introduce thecause of this case and the results of this case.The third part and the fourth part put forward the maindifferences and disputes focus on the case, also the views of twosides in the process of case. The controversial focus in thiscase.First, according to Criminal Law and Insurance Law regulation,if the age belongs to the subject matter of the insurance. Secondly, Shuaiying changes her parents’ census register and the Party filesthrough illegal means. In order to make her mother’s age comply withthe regulation of insurance contract, and cheating insurancebenefits, wether blongs to constitute the crime of fraud of theinsurance.The fifth part, according to analysis two disputes focuses onthis case and draw the conclusion. This part is the focus of thispaper, first analysis Shuaiying’s behavior from the view of theInsurance Law regulation of cannot contradictory clause, and makea research to the applicable scope of the can not contradictoryclause. Then analysis how to evaluation Shuaiying’s maliciousfiction her mother’s age in the Criminal Law. Discusses her behaviorin the judicial practice as the typical case’s value.This partemphatically analyse a series of insurance activities before signingthe contract with insurance company.The fraud behavior whtherequivalent to the fictional insurance mark, also on the InsuranceLaw of the subject matter of the insurance category. Whtherfundamentally infringe upon the crime of fraud of the insuranceobject. The sixth part comprehends the front portion of this paper,synthesize the discusses of the front parts. To make the overallevaluation about Shuaiying’s acts, and puts forward concretesuggestions to the case of the related problems.