保险诈骗罪疑难问题探析

Research on Some Difficult Problems of Insurance Fraud

基于立法对刑法实行行为本质特征的认识的差误,导致对保险诈骗罪实行行为方式设计中的诸多缺陷。在司法实践中,保险诈骗多以共同犯罪的形式出现,有身份者与无身份者共同犯罪时罪名的认定问题也必然成为了理论和实务界关注的焦点。

The crime of insurance fraud is the point of common concern in the criminal theory and practice. The mistake caused by legislation to the characteristic of executive act in the criminal law leads to many flaws in design of executive act, which is also the key factor to find a way to resolve the problem on the criterion of commencement. Because insurance fraud always appears in the form of joint offence in practice, the determination of joint crimes committed by persons with and without special status is destined to be a focus in the criminal theory and practice. So it is necessary to make thoroughly research in this respect.