2005Unpublished venueRequires access

Aspects of Crimes of Insurance Fraud

Xiao Qian-li

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Abstract

Regulations about crimes of insurance frand in present penal code have many shortcomings and ambiguous points . The author puts forward the following proposals : to set up an item of general rules including in the present 5 kinds of insurance fraud action to avoid the indefinite interpretation; to use the constitutions of consequence crimes to accord with the legal purpose and criminal modesty; to revise the special subjects to general subjects; the subjective acts cannot accord with the illegal possessing purpose completely; the punishments should be balanced with the other crimes of financial fraud; to set up a new crime , crime of helping insurance fraud with criminal negligently.

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What this paper is about

Regulations about crimes of insurance frand in present penal code have many shortcomings and ambiguous points . The author puts forward the following proposals : to set up an item of general rules including in the present 5 kinds of insurance fraud action to avoid the indefinite interpretation; to use the constitutions of consequence crimes to accord with the legal purpose and criminal modesty; to revise the special subjects to general subjects; the subjective acts cannot accord with the illegal possessing purpose completely; the punishments should be balanced with the other crimes of financial fraud; to set up a new crime , crime of helping insurance fraud with criminal negligently.

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Available abstract

Regulations about crimes of insurance frand in present penal code have many shortcomings and ambiguous points . The author puts forward the following proposals : to set up an item of general rules including in the present 5 kinds of insurance fraud action to avoid the indefinite interpretation; to use the constitutions of consequence crimes to accord with the legal purpose and criminal modesty; to revise the special subjects to general subjects; the subjective acts cannot accord with the illegal possessing purpose completely; the punishments should be balanced with the other crimes of financial fraud; to set up a new crime , crime of helping insurance fraud with criminal negligently.

Key concepts: Insurance fraud, Interpretation (philosophy), Action (physics), Set (abstract data type), Business, Criminal code, Insurability, Actuarial science

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