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Study on Some Problems of the Crime of Insurance Fraud

Author: ShiSong
Tutor: PanHong
School: Guizhou Normal
Course: Marxist Theory and Ideological and Political Education
Keywords: insurance fraud elements common crime patterns of crime perfect legislation
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 101
Quote: 0
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Abstract


Insurance fraud,which uses insurance contractual relationship to gain insurance indemnity by cheating,is a financial crime phenomenon.Insurance fraud is a new type of economic crime that is separated from general fraud.It not only keeps some common features of general fraud,but it also has own characteristics.Insurance fraud not only damages contract parties’ legal rights and interests, but it also violates insurers’ property rights.It even disturbs insurance system and market order.It also impedes the healthy development of China’s insurance industry.This kind of crime phenomenon is more and more serious,which is the common problem of economic development in the world.In view of this,this essay uses comparative approach to analyze the rule of criminal legislation of insurance fraud at home and abroad.It uses case study method and it analyzes typical cases of insurance fraud.It combines research work with specific cases by this way of combining theory with empirical methods for empirical study.To sum up,this essay conducts comprehensive and in-depth analysis of the status at home and abroad, elements,legislative comparison at home and abroad,identification of common crime,identification of completed and attempted crimes, identification of patterns of crime,crime and non-crime and limits of related crime and so on.We hope to make constructive comments and suggestions on some problems of legislation and practice of insurance fraud.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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