Study On Legal Prevention And Control Of Vehicle Insurance Fraud In China

With the rapid development of China's economy and prosperous domestic auto market,the number of private cars in China is increasing,which leads to the development of domestic auto market.Under the stimulation of various economic policies of the State Council,the number of cars is also increasing.Under the background of the rapid development of automobile industry,the motor vehicle insurance in China is also the first type of property insurance,and the auto insurance market is developing rapidly.Auto insurance in China has been improved since 1980's.Automobile is not only a product of material civilization,but also a spiritual demand for people.However,with the continuous expansion of the auto insurance market,compared with the developed countries.There are many deficiencies in the management and prevention and control of insurance companies on the level of national law or in insurance companies,resulting in many different forms of vehicle insurance fraud.Auto insurance fraud is not only a kind of insurance fraud,but also a kind of illegal behavior.If it is not checked effectively for a long time,it will inevitably affect the healthy development of insurance industry in our country,and put forward a great challenge to the relevant insurance law of our country.At present,the relevant legislation on auto insurance in China is still blank,the relevant provisions of auto insurance are only mentioned in other relevant laws,and do not have the legal binding force of special law.The demand of auto insurance in our country is more diversified,and the market is more extensive.In 2008,it put forward an urgent need for the legal prevention and control of auto insurance.In this context,this paper focuses on vehicle insurance fraud this behavior made a detailed elaboration.In addition to the introduction and conclusion,this paper is divided into five parts:The first part is the introduction,which introduces the background,purpose and significance of this study.This paper summarizes the related research at home and abroad,which lays a theoretical foundation for this paper.This paper introduces three research methods: literature analysis,survey and statistics,and comparative analysis.Finally,it puts forward some innovations for the current situation of vehicle insurance fraud in China.The second part focuses on the related theories and concepts,including the concept of vehicle insurance fraud,the characteristics of vehicle insurance fraud and the harm of vehicle insurance fraud.The third part focuses on the analysis of China's car insurance fraud legal prevention and control problems,mainly from two aspects: the basic situation of China's car insurance fraud legal prevention and control,China's car insurance fraud legal prevention and control problems.The fourth part compares the legal prevention and control of China's automobile insurance fraud with other developed countries.The main comparative countries are the United States,Britain and South Korea.We study it from the legal level,and draw lessons from it for the legal prevention and control of China's automobile insurance fraud.The fifth part,on the basis of the previous research,puts forward measures for the legal prevention and control of vehicle insurance fraud in China from the aspects of legislation,law enforcement,judicial relief and supervision mechanism.To actively improve the prevention and control of China's car insurance fraud law,we need not only to increase legislative measures from the legislative point of view,but also to improve the relevant laws according to the loopholes in the current law.At the same time,we should strengthen the construction of law enforcement team to ensure that the law can be implemented in place.In general,vehicle insurance fraud is an artificial phenomenon in the insurance industry,many fraud behavior shows that the relevant legal prevention and control is still very short,which is not conducive to the stable development of the insurance industry in China,but also challenges the legal authority of our country.Perfecting legislation,strengthening law enforcement and other measures can play a binding role in reducing insurance fraud,and lay the foundation for the construction and improvement of our country ruled by law.