投保方保险欺诈的民事责任制度研究
发布时间：2019-07-03 18:56
【摘要】：保险制度最大的功能在于将个人在生活中因遇到的各种人身损害、财产危险及对他人责任的危险所产生的损失,在共同团体中分摊消化。但随着保险业的发展,随之伴生的突出问题是保险欺诈骗赔案件大量增加,且呈上升趋势,保险欺诈案件的增加,给社会上造成了极坏的不良影响,破坏了保险市场的正常发展,也破坏了金融秩序。在保险欺诈中,投保人、被保险人、保险受益人(本文统称投保方)进行的欺诈危害性很大,他们自己本身是保险合同的签订者,同时也是为获得保险金而进行欺诈的行为主体,投保方的保险欺诈行为产生后,投保方骗取的实际上是保险市场上广大消费者,也即所有投保人缴纳的保险费,投保方保险欺诈一旦骗赔成功,保险公司经营的成本无疑会增加,保险费也会随之上涨,这些上涨的费用最终又会分摊在所有消费者身上。投保方保险欺诈的危害大,但是有关于投保方保险欺诈的研究文章甚少,本文首先通过结合投保方保险欺诈的实际案例,讨论有关于投保方保险欺诈概念的三种说法,得出投保方保险欺诈的概念;然后分析投保方保险欺诈民事责任的性质特征,探讨投保方保险欺诈民事责任在实践中如何灵活定性的问题;再研究现阶段我国投保方保险欺诈民事责任制度存在的问题;最后提出改善我国投保方保险欺诈民事责任制度的改进措施,通过制度措施的改进,减少未来投保方保险欺诈案件的发生,维护消费者利益和保险市场秩序稳定。
[Abstract]:The biggest function of the insurance system is to share and digest the losses caused by all kinds of personal injury, property danger and liability to others in the life of individuals. However, with the development of the insurance industry, the accompanying prominent problem is that the number of insurance fraud and compensation fraud cases is increasing, and the increase of insurance fraud cases has caused a very bad adverse impact on the society, destroyed the normal development of the insurance market, but also destroyed the financial order. In insurance fraud, the fraud carried out by the insured, the insured and the insurance beneficiary (collectively referred to as the insured in this article) is very harmful, they themselves are the signatories of the insurance contract, and they are also the subject of fraud in order to obtain insurance money. after the insurance fraud of the insured, the insured party actually defrauded the vast number of consumers in the insurance market, that is, the insurance premiums paid by all the insured. Once insurance fraud is successful, the operating costs of insurance companies will undoubtedly increase, and so will insurance premiums, which will eventually be shared among all consumers. The harm of insurance fraud is great, but there are few research articles on insurance fraud. First of all, this paper discusses the concept of insurance fraud by combining the actual cases of insurance fraud, and obtains the concept of insurance fraud. Then it analyzes the nature and characteristics of the civil liability of insurance fraud, discusses how to make the civil liability of insurance fraud flexible and qualitative in practice, and then studies the problems existing in the civil liability system of insurance fraud in our country at the present stage. Finally, the improvement measures to improve the civil liability system of insurance fraud in China are put forward. Through the improvement of the system measures, the occurrence of future insurance fraud cases can be reduced, and the interests of consumers and the order of the insurance market can be maintained.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284
本文编号：2509598
[Abstract]:The biggest function of the insurance system is to share and digest the losses caused by all kinds of personal injury, property danger and liability to others in the life of individuals. However, with the development of the insurance industry, the accompanying prominent problem is that the number of insurance fraud and compensation fraud cases is increasing, and the increase of insurance fraud cases has caused a very bad adverse impact on the society, destroyed the normal development of the insurance market, but also destroyed the financial order. In insurance fraud, the fraud carried out by the insured, the insured and the insurance beneficiary (collectively referred to as the insured in this article) is very harmful, they themselves are the signatories of the insurance contract, and they are also the subject of fraud in order to obtain insurance money. after the insurance fraud of the insured, the insured party actually defrauded the vast number of consumers in the insurance market, that is, the insurance premiums paid by all the insured. Once insurance fraud is successful, the operating costs of insurance companies will undoubtedly increase, and so will insurance premiums, which will eventually be shared among all consumers. The harm of insurance fraud is great, but there are few research articles on insurance fraud. First of all, this paper discusses the concept of insurance fraud by combining the actual cases of insurance fraud, and obtains the concept of insurance fraud. Then it analyzes the nature and characteristics of the civil liability of insurance fraud, discusses how to make the civil liability of insurance fraud flexible and qualitative in practice, and then studies the problems existing in the civil liability system of insurance fraud in our country at the present stage. Finally, the improvement measures to improve the civil liability system of insurance fraud in China are put forward. Through the improvement of the system measures, the occurrence of future insurance fraud cases can be reduced, and the interests of consumers and the order of the insurance market can be maintained.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284
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