论海上保险欺诈
发布时间：2018-11-01 18:53
【摘要】：海上保险欺诈是海事欺诈的一类，一方面它具有一切海事欺诈的共性，另一方面由于保险关系具有一定的射幸色彩，，且涉及到最大诚信原则及保险利益原则，因而海上保险欺诈也具有相当的特殊性。为此，本文在运用传统《民法》、《合同法》欺诈理论研究方法时，也将运用《保险法》、《海商法》有关部门法，根据海上保险的特点，立足于防范、根治而对有关海上保险欺诈的若干问题展开研究。 本文第一章为保险欺诈概念论，论述保险欺诈的定义，构成要件及外在表现形式，及海上保险欺诈的内涵分析。在第二章危害实质论中将阐明海上保险的欺诈危害实质是违反了海上保险的保险利益原则和最大诚信原则。任何欺诈都有它相应的根源，海上保险欺诈也不例外，这是第三章根源论所阐述的内容。第四章集中阐述了海上保险欺诈的侵权本质。在《保险法》基本原则统领下，精心构筑若干制度，采取有力措施，以防治、惩戒海上保险欺诈为本文立论的归宿，笔者将在文章第五章对策论中对此问题予以详细阐述。
[Abstract]:Marine insurance fraud is a kind of maritime fraud. On the one hand, it has the commonness of all maritime fraud, on the other hand, because of the insurance relationship, it has certain lucky color, and involves the principle of maximum good faith and the principle of insurance benefit. Therefore marine insurance fraud also has considerable particularity. Therefore, in the application of the traditional "Civil Law" and "contract Law" fraud theory research methods, this article will also use the "Insurance Law", "Maritime Law" relevant department law, according to the characteristics of marine insurance, based on the prevention, Finally, some problems about marine insurance fraud are studied. The first chapter of this paper is the concept of insurance fraud, the definition of insurance fraud, elements and external manifestations, as well as the connotation of marine insurance fraud analysis. In the second chapter, it will be clarified that the essence of fraud in marine insurance violates the principle of insurance interests and the principle of maximum good faith. Any fraud has its corresponding root, marine insurance fraud is no exception, this is the third chapter. Chapter four focuses on the tort nature of marine insurance fraud. Under the guidance of the basic principles of the Insurance Law, some systems are carefully constructed, and some effective measures are taken to prevent and punish marine insurance fraud as the end-result of this paper. The author will elaborate on this issue in chapter five.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D996.19
本文编号：2304799
[Abstract]:Marine insurance fraud is a kind of maritime fraud. On the one hand, it has the commonness of all maritime fraud, on the other hand, because of the insurance relationship, it has certain lucky color, and involves the principle of maximum good faith and the principle of insurance benefit. Therefore marine insurance fraud also has considerable particularity. Therefore, in the application of the traditional "Civil Law" and "contract Law" fraud theory research methods, this article will also use the "Insurance Law", "Maritime Law" relevant department law, according to the characteristics of marine insurance, based on the prevention, Finally, some problems about marine insurance fraud are studied. The first chapter of this paper is the concept of insurance fraud, the definition of insurance fraud, elements and external manifestations, as well as the connotation of marine insurance fraud analysis. In the second chapter, it will be clarified that the essence of fraud in marine insurance violates the principle of insurance interests and the principle of maximum good faith. Any fraud has its corresponding root, marine insurance fraud is no exception, this is the third chapter. Chapter four focuses on the tort nature of marine insurance fraud. Under the guidance of the basic principles of the Insurance Law, some systems are carefully constructed, and some effective measures are taken to prevent and punish marine insurance fraud as the end-result of this paper. The author will elaborate on this issue in chapter five.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D996.19
【参考文献】
相关期刊论文 前3条
1 王向荣;信息不对称与我国保险市场的发展[J];辽宁财专学报;2000年04期
2 孟宪伟;建立国际反欺诈法律体系的思考[J];法学杂志;1996年03期
3 郑田卫;中国海事强制令制度创新与完善的法律研究[J];中国海商法年刊;2001年00期
本文编号：2304799
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