Insurance Fraud And Its Regulation

With the development of insurance industry under market mechanism,increasing fraud cases within,are on the rise in recent years;with respect to the development of the insurance industry or the stability of the financial market order,insurance fraud has exerted a negative influence on communities.If we let it be,it will cause serious disruption to the country's social order.This paper will reveal the problem of insurance fraud from the incontestable clause in the relative cases,trying to analyze imperfections from the incontestable clause in the law of insurance.This article,based on the analysis of the typical cases,will discuss what effects the incontestable clause has had on the insurance fraud;Also,it will summarize the new forms of insurance fraud under the new law context.The first part will elucidate the theoretical basis of the incontestable clause and the relationship between it and the insurance on account of the law of insurance.Part II of the article has revealed that,through analyzing the introduction case under the new law of insurance,in contestable clause actually played a role in promoting the fraud,especially in the insurance.The third part will start from the incontestable clause,analyzing the reasons of insurance fraud;the last part,together with the reality of the insurance fraud,will make some suggestions about revising the provisions of the incontestable clause from the prospective of the existing legislative and go further to investigate the possibility of restraining the insurance fraud.