New Thoughts On Judicial Cognizance Of Insurance Fraud In Motor Vehicle Insurance

With the accelerating the process of build a well-off society in an all-round way and the country the steady implementation of the compulsory motor vehicle traffic accident liability insurance,more and more car owners insured by traffic accident liability compulsory insurance and gain a better understanding of the vehicle insurance and recognition,commercial insurance for other types of vehicles has become an irreversible trend.In China,the vehicle insurance industry is still on the rise and the number of insurance fraud cases is increasing year by year,the crime of motor vehicle insurance fraud has become an important part of insurance fraud and even financial fraud.The first part of this paper is based on the development of motor vehicle insurance industry,the importance degree of insurance fraud related to motor vehicle insurance in insurance fraud,and the status quo of the theory and practice of insurance fraud.The theoretical significance of this paper is to seek common ground while reserving differences to face and try to solve the theoretical dispute of insurance fraud.The practical significance is to put forward effective strategic thinking in view of the difficulties in practical processing caused by the complexity of motor vehicle insurance claims.Then the author reviewed the literature at home and abroad,introduced the foreign "insurance fraud in the purpose of the crime must have the purpose of illegal possession" this topic of opinion differences and shortcomings,as well as the domestic literature about the timing of the determination,the subjective determination,the main body of the determination of differences.The second part systematically introduces the crime of insurance fraud.First,it clarifies the concept of the crime of insurance fraud:it refers to the behavior of defrauding insurance money from an insurance company with a relatively large amount by fabricating insurance subject matter,insurance accident or deliberately creating insurance accident for the purpose of illegally obtaining insurance money,in violation of insurance laws and regulations.Then introduces the constituent elements of the crime of insurance fraud:the behavior subject is individual and unit,specifically refers to the applicant,the insured,the beneficiary;The act of harm involves making up the subject matter of insurance,fabricating a false cause for the occurrence of an insured accident or exaggerating the extent of the loss,fabricating an insured accident that did not occur,deliberately causing an insured accident that causes property loss,and deliberately causing the death,disability or illness of the insured to defraud insurance money;The object of harm is the insurance system of the state and the property ownership of the insurer.The harm results in violation of insurance laws and regulations,and a large amount of insurance money is defrauded by means of fabricating the subject matter insured,the insured accident or manufacturing the insured accident;The subjective aspect is intentional.Secondly,it expounds the specific behavior mode of this crime in motor vehicle insurance:using the vehicle damage insurance to "make the car cheap";Use the three risks to create accidents;Falsifying the scene of an accident;Malicious excess and repeated insurance;Fictitious insurance cousin vehicle.The third part puts forward some controversial issues concerning the crime of insurance fraud by combining the cases with differences in the identification of the crime of embezzlement and insurance fraud.Behavior subject identification problem:impostor,incognito and nominal policyholder,staff of insurance industry who cheat insurance;Start time to identify the problem:fictitious insurance subject matter said,manufacturing,forgery is said,claim said.The fourth part discusses the controversial issues in the judicial cognizance of the crime of insurance fraud in motor vehicle insurance under the new situation.Proposed to the internal and external collusion commit insurance fraud behavior cognizance of 5 kinds of view:corruption/job occupation crime,insurance fraud,the principal decided to say,the core role+conviction,imagine competition made respectively,fully absorb the essence of various theoretical divergence on collusion inside and outside or inside the leading thought of insurance fraud,shall be deemed to be given priority to with insurance fraud,but there is also the possibility of corruption,such as job occupation crime;Try to include the impostor,the incognito and the nominal applicant into the subject of this crime,and the insurance worker who swindles is the possible subject;The determination of the starting time for filing this crime shall be based on the claim theory,supplemented by the theory of manufacturing and forging accidents,and shall be based on the reporting time as far as possible.