Dissertation > Political, legal > Legal > Chinese law > Criminal law > Sub-rule

Insurance fraud research

Author ZhangJian
Tutor MaDengMin
School China University of Political Science
Course Criminal Law
Keywords Insurance Fraud Insurance fraud Insurance contract Criminal legislative approach Administrative responsibility Four basic principles Principle of insurable interest Criminalization Identification and Prevention Civil liability
CLC D924.3
Type Master's thesis
Year 2001
Downloads 363
Quotes 6
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In this thesis, Introduction, body, conclusion, Postscript. Which the body of seven chapters, Chapter VII of insurance fraud, discusses the issues are more complicated, more need to analyze the sub-problems, share of lengthy, and opened four sections is dedicated to the Chapter VII. Chapter Insurance Overview, a brief introduction to the concept of insurance and its constituent elements; three types of the main characteristics of the insurance contract, the insurance contract: the parties, the relationship, auxiliary, and insurance contracts of the four basic principles: the principle of insurable interest, loss compensation principle, the principle of good faith, the principle of proximate cause. Mainly knowledge and pave the way for further discusses insurance fraud, after each chapter terminology basic definition can be found in the first chapter or comment. The second chapter of the concept of insurance fraud and constitutes, for all the disputes relating to insurance fraud concept, I think: After analysis the relationship between insurance and fraud, insurance fraud refers to the insured party for the purpose of illegal possession, use of insurance contracts, using fictional facts are concealed by fraudulent means, defrauds insurance money, according to the law should bear the corresponding legal responsibility for the behavior. Reunification, I order the article discusses the convenience and logical Insurance fraud is divided into insurance fraud and insurance fraud in the general sense. Chapter of insurance fraud feature specific analysis of the multiplicity of insurance fraud social harm, a huge amount of money involved, the diversification of the main features of the higher total of seven strong concealment behavior dark number. Chapter IV of the causes of insurance fraud analysis, ignorance, greed from the insured party insurers weak risk awareness and public tolerance for insurance fraud, insurance mechanism itself contains factors, the actual operation of the insurance industry factors layers of analysis objective and subjective reasons of insurance fraud. Chapter identification and prevention of insurance fraud, in two parts, the first part of the concrete steps introduced to identify insurance fraud; second part should strengthen preventive measures from the insurance business, social advocacy, law enforcement, and strive to \\Chapter VI Civil Liability insurance fraud and administrative responsibilities, mainly civil liability and administrative liability of insurance fraud, and propose the means should pay attention to the use of administrative penalties for those involved relatively small amounts of a minor nature, insurance fraud . For insurance professionals involved in the fraud, should be strictly punished. Chapter VII of insurance fraud is the focus of this paper. The whole chapter is divided into four sections: Section I, according to the principle of legal interest theoretical analysis of the crime of insurance fraud; think: not all insurance fraud can be criminalized, criminal law only serious insurance fraud, its provisions as a crime. Section II, three insurance fraud criminal legislation manner: specifically the provisions of the Criminal Code of insurance fraud; Penal Code does not make special provisions for insurance fraud, but the fraud includes insurance fraud; insurance fraud in the individual insurance regulations made specific and detailed provisions. Section III, the main concepts and features of insurance fraud. The fourth quarter to discuss the problem of insurance fraud conviction and sentencing should be noted: the attempted crime, a crime of several sins, accomplice, insurance fraud sentencing standards and plot.

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