保险诈骗罪的既遂和未遂形态刍议

Accomplished and Abortive Form of Insurance Fraud

首先对保险诈骗罪是举动犯、行为犯,还是结果犯之争论进行分析,得出保险诈骗罪是结果犯的结论;在此基础上 介绍了该罪未遂形态的存否之争,得出保险诈骗罪存在犯罪未遂形态的结论;最后简要分析了该罪既遂形态与数 额的关系。

On the basis of analysing the argument whether the crime of insurance fraud is moveble offence, behavioral offence or consequential offence, author makes a conclusion that the crime of insurance fraud is consequential offence. Then introduces the debate whether this crime has abortive form. Finally the author briefly analyses the relation between the accomplished form and amount and feels puzzled about the legal stipulation of the crime concerning with amount.