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2001•Journal of Zhengzhou UniversityRequires access

Comparative Study on Crime of Insurance Fraud

Ye Gao

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Abstract

It is essential for Crime of Insurance Fraud to be divided from Crime of Swindling.In Criminal Law of the People's Republic of China,a model of consequential offense,instead of behavioral offense,is stipulated to describe the completion of Crime of Insurance Fraud,because the former is more commensurate with the present system of criminal law.And an intentional element should be added to the constitutive ones of this Crime.Comparing with concerning regulations of other countries and areas,this crime is interfered with strongly in Criminal law of our country,which accords with Chinese situations of penalizing Criminals.

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What this paper is about

It is essential for Crime of Insurance Fraud to be divided from Crime of Swindling.In Criminal Law of the People's Republic of China,a model of consequential offense,instead of behavioral offense,is stipulated to describe the completion of Crime of Insurance Fraud,because the former is more commensurate with the present system of criminal law.And an intentional element should be added to the constitutive ones of this Crime.Comparing with concerning regulations of other countries and areas,this crime is interfered with strongly in Criminal law of our country,which accords with Chinese situations of penalizing Criminals.

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Available abstract

It is essential for Crime of Insurance Fraud to be divided from Crime of Swindling.In Criminal Law of the People's Republic of China,a model of consequential offense,instead of behavioral offense,is stipulated to describe the completion of Crime of Insurance Fraud,because the former is more commensurate with the present system of criminal law.And an intentional element should be added to the constitutive ones of this Crime.Comparing with concerning regulations of other countries and areas,this crime is interfered with strongly in Criminal law of our country,which accords with Chinese situations of penalizing Criminals.

Key concepts: Insurance fraud, Element (criminal law), China, Criminal law, Business, Actuarial science, Law, Criminology

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