On The Subject Of Crime Of Insurance Fraud

The development of China’s insurance industry and the change of the main body,the means and the scale of the crime of insurance fraud have provided the space for the legislation and practice of the crime of insurance fraud to be improved.With the diversification of the phenomenon of crime as the research background,the main difficulties in the judicial practice of the crime of insurance fraud as the breakthrough point,to effectively punish and prevent the crime of insurance fraud in the field of insurance,legislation should widen the scope of the subject,in response to the new field of financial fraud under the current economic background of the diversified pattern of crime.This paper also analyzes the differences of the application of the crime of insurance fraud between China and foreign countries through the method of comparative literature,which reflects the limitations of the legislation in our country.The article is divided into five parts:The first part mainly interprets the provisions of the Article 198 of criminal law on the subject of the crime of insurance fraud.First of all,the scope of the crime of insurance fraud is defined,and then the main body of the crime,"insurer","Insurant" and "beneficiary" from the criminal law and the insurance law of two angles.Because the unit can become the subject of this crime,the unit should be paid attention to.It is necessary to make a further analysis on the phenomenon of the concurrence of the insurance intermediary organizations in the crime and the crime of providing false documents.The second part mainly combs the controversy about the nature of the subject of insurance fraud.The nature of the main general subject and special subject two mainstream viewpoints,combining the qualitative behavior of false fraud typical practice,the author put forward his own theory of general subject support and demonstration.Comparison of domestic and foreign legislation on the provisions of the main body of the crime of insurance fraud,reflects our country in the legislation and practice of some of the separation.The third part is the analysis of the behavior of the insurance fraud in practice,but the subject does not conform to the provisions of the criminal law 198 th.Divided into two categories: the first category is excluded from the subject of the fifth item of the first paragraph of this article,i.e.the insured from the loss of fraud behavior;the second category is completely excluded by the provisions of this article,including the insurance agent fraud false behavior and insurer reinsurance to defraud insurance money behavior.The fourth part analyzes the main common criminal acts within and outside the collusion of mutual insurance fraud.Combing the main theory of this type of accomplice qualitative analysis and analysis of one by one,the author supports the relative advantages of the core role theory,and puts forward their own complementary views.The fifth part is the analysis of the natural person and unit in graft problems.First of all,the behavior of people and violated other crimes in the implementation of insurance fraud,often implicated concurrence,then need to explain that in this case can be combined punishment provisions apply the second paragraph.Secondly,since it is clear that unit can be used as the behavior subject,also can be formed on the punishment,but not universal unit crimes.