The Research Of The Crime Of Insurance Fraud

The crime of insurance fraud is first expressly stipulated in our criminal law in1997,which is of great significance to protect the property ownership right of insurance company and the order of insurance management.However,with the thriving of the insurance industry,the means of insurance fraud has become more and more diversified,and plus the insurance with characteristics of low input but high output,so more and more people are taking risks to commit the crime of insurance fraud.Therefore,the number of insurance fraud crime in China presents a gradual upward trend in recent years.With the diversification of the means of insurance fraud crime and the rising crime rate,there are many problems in the application of the judicial practice of insurance fraud crime which is expressly stipulated in the criminal law in 1997.This paper emphatically analyzes the conviction and sentencing of the judicial application of insurance fraud crime,especially the constituent requirement of insurance fraud crime.The current criminal law expressly stipulates that the insurance fraud crime only consists of three special subjects,namely the applicant,the beneficiary and the insured.The crime of insurance fraud has five forms of performance from the objective perspective.In practice,the insurance behavior such as insuring after the accident,malicious repeated insurance,defect insurance and excess coverage should be classified reasonably.The offence form of insurance fraud crime only refers to direct intention,not including indirect intention.This paper also analyzes and illustrates the author's point of view on the problems about the unfinished form of insurance fraud crime,common crime,crime number state and penalty discretion.This paper aims to make the legislative stipulation and judicial interpretation of insurance fraud crime conform to the basic principle of criminal law better and protect the insurance regulatory order and the property ownership right of insurance company,which can help to finally reach the purpose that criminal law protects human rights and maintains social order.