关键词:

虚假鉴定, 伤残鉴定, 保险诈骗, 诈骗, 共同犯罪

Abstract:

The false disability appraisal in the fraud of insurance is a typical and common phenomenon in false forensic appraisal in recent years, which mainly takes the form of “personal disability scalpers” colluding with appraisers to defraud insurance money, the insured colluding with appraisers to defraud insurance money, or the injured, “personal disability scalpers” colluding with appraisers to defraud insurance money. At present, there are some problems in the criminal regulation regarding false disability appraisal in the fraud of insurance, such as different application of charges and different identification of principal and subordinate status of appraisers. The application of charges on false disability appraisal in the fraud of insurance should follow the principle of exhaustive judgment, starting with the purpose behavior and the means behavior, examining each possible crime of the doer, and finally determining it according to the theory of the number of offenses. The determination of the status of appraiser should be divided into three stages in a joint crime: in the forming stage of a joint crime, judging whether the appraiser plays a major role in the formation of the intention of joint crime; in the implementation stage of a joint crime, judging whether the appraiser is the perpetrator of fraud crime and actively participating in the implementation; in the completion stage of a joint crime, judging the role of the appraiser in the occurrence of the harmful result, with consideration of the distribution of the proceeds of the crime.

Key words:

false appraisal, disability appraisal, insurance fraud, fraud, joint crime