论擅自设立保险机构的犯罪行为

The Discussion of Crime to Unlawfully Establish Insurance Institutions

《刑法》第174条规定了擅自设立金融机构罪,经《刑法修正案(一)》的立法修正,其所涉金融机构的范围得以细化,其中就包括了擅自设立保险机构的行为。可以说,对擅自设立保险机构行为的犯罪化正是合理规范保险业的运行秩序、维护投保人一方的利益、防止保险活动出现异化的应有之义。在认定擅自设立保险机构的犯罪行为方面,必须正确理解"擅自设立"这一核心的行为要素,并应当明确界定擅自设立的保险机构所涉范围,同时,还需对擅自设立保险机构行为与非法经营保险业务行为之间的牵连犯关系予以厘清。

The article 174 of the criminal law stipulated crime to unlawfully establish financial institution,through the legislative amendment of the amendment I to the criminal law, the scope of related financial institutions were refined, which includes the behavior of unlawfully establish insurance institution . Can say, it is should have righteousness to the criminalization about the behavior of unlawfully establish insurance institution that reasonable regulate the running order of the insurance industry, protecting the policy holder~ interests, preventing the alienation of insurance activities. To identifying crime to unlawfully establish insurance institution, it isnecessary that understanding the core behavior of ＂unlawfully establish＂ correctly, and the scope of unlawfully establish insurance institution should he defined clearly , at the same time, also need to be clarified between the behavior of unlawfully establish insurance institutions and the insurance business of illegal behavior of implicated offender relationship.