保险诈骗罪停止形态研究

On the Abatement of Crime of Insurance Fraud

保险诈骗罪存在未遂形态;对保险诈骗行为“着手”的认定应该采取“实质的客观说”的理论进行认定,即应将行为人开始实施索赔行为或者向保险公司提出支付保险金请求的行为认定为保险诈骗行为的“着手”;本罪既遂数额的认定从应然的角度应该以犯罪损失数额为标准。

Criminal attempt does exist in the crime of insurance fraud. The determination of the act of crime of insurance fraud should be based on the theory of essential objectivism. When the actor begins his act of insurance claim or submits his insurance claim to the insurance company, it can be determined as the beginning of crime of insurance fraud. The amount involved in an accomplished crime of insurance fraud should be determined according to the damage caused by the crime.