Research On Some Issues Of The Crime Of Insurance Fraud

Insurance fraud is one of the most serious crimes in the field of financial fraud.The existing criminal law of insurance fraud has obvious defects,leading to a great controversy in theory and practice.This paper analyzes and demonstrates the focus of the crime of insurance fraud from the actual cases screened by China Adjudication Network.Article 198 of the Criminal law limits the criminal subject of insurance fraud to the insurance applicant,beneficiary and insured,which is too narrow and does not take all the parties that may be involved in the insurance contract into account,which is not conducive to combating insurance fraud.Second insurance fraud is independent of the crime of fraud,its behavior means diversity,the analysis of malicious surrender agent for the new crime can be seen that article 198 of the criminal law adopts the way of clear explanation of indictment according to describe five kinds of crime of insurance fraud is not enough to cover all insurance fraud in the reality,not be forward-looking role specification,At the same time,it should be analyzed concretely that insurance fraud can not be regarded as the crime of insurance fraud by impostor or perpetrator cheating insurance by suicide or self-mutilation.Moreover,the scope of the criminal object stipulated in Article 198 of the Criminal Law is too narrow.In judicial judgment,the criminal object of insurance fraud is often not limited to insurance money,but also insurance premium,insurance commission,social medical insurance,etc.In order to combat insurance fraud more effectively,it is necessary to redefine the criminal object of insurance fraud.Therefore,the author suggests reasonably expanding the scope of the subject of insurance fraud,reconstructing the criminal record of insurance fraud,and regulating the new type of insurance fraud in practice more effectively.At the same time,it is suggested that the crime of social insurance fraud should be added to protect the legitimate rights and interests of the country,society and the general public.