Research On Several Issues Of The Crime Of Insurance Fraud

The crime of insurance fraud also presents a tendency of high incidence.As one of the most serious crimes in the field of financial fraud,the crime of insurance fraud still has many difficult problems in theory and practice.This paper starts from the real case,analyzes the related problems of the crime of insurance fraud,and explores and demonstrates the controversial issues of the crime of insurance fraud in judicial practice.According to the connotation of the purpose of illegal possession in the crime of insurance fraud,we should mainly define it from two aspects: excluding the intention and using the intention,that is,the perpetrator permanently deprives the insurer of the ownership of the insurance money for the purpose of illegal ownership,and makes himself or the third party the illegal owner of the insurance money,in judicial practice,the determination of the purpose of illegal possession should adopt the method of presumption,adhere to the principle of consistency between subjectivity and objectivity,and make specific analysis according to the specific situation of the case;The "fictitious insurance subject matter" in the crime of insurance fraud includes not only fictitious insurance subject matter which does not exist at all,but also fictitious objects which are inconsistent with the actual content.At the same time,the behaviors of malicious reinsurance and fictitious insurable interest can be included in the scope of the behavior of "intentionally fictitious insurance subject matter" in the crime of insurance fraud.The conditions for the crime of insurance fraud should be grasped from the aspects of crime amount and subjective purpose.The boundary between insurance fraud and crime of insurance fraud should be grasped from the legal consequences.In addition,the boundary between insurance fraud and ordinary fraud is analyzed.At the same time,the behavior of impersonation should be analyzed in specific circumstances,not generalized.