1. Public Security Administration Punishment Law of the People's Republic of China
Section 3: Acts and penalties for infringement of personal rights and property rights
Article 49 Theft, fraud, robbery, snatching, extortion or Anyone who intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; if the circumstances are more serious, he shall be detained for not less than ten days and may be fined not more than one thousand yuan. If the circumstances are serious, the offender shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.
2. "National Insurance Law of the People's Republic of China"
Chapter 7 Legal Liability
Article 138 The policy holder and the insured If an insurer or beneficiary commits any of the following acts and engages in insurance fraud, which constitutes a crime, he shall be held criminally responsible in accordance with the law:
(1) The policyholder intentionally fabricates the insurance subject matter to defraud the insurance money;
(2) If no insurance fraud occurs, but the policy holder, the insured or the beneficiary engages in insurance fraud, which constitutes a crime, criminal liability shall be pursued in accordance with the law. p>(2) Falsely claiming that an insured accident occurred and defrauding insurance money when an insured accident did not occur;
(3) Defrauding insurance money by intentionally causing an insured accident involving property damage;
or Instigating, instigating or bribing others to provide false certificates, materials and other evidence, fabricate false causes of accidents or exaggerate the extent of losses, and defraud insurance money.
Anyone who commits one of the acts listed in the preceding paragraph and the circumstances are minor and does not constitute a crime shall be subject to administrative penalties in accordance with relevant national regulations.
3. "Criminal Law of the People's Republic of China" and "Criminal Law of the People's Republic of China"
Insurance Fraud Crime:
Article 198: Whoever commits insurance fraud under one of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than five years and not more than 10 years of imprisonment. Imprisonment of not more than 1 year. and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan, or have his property confiscated
Products:
(1) The policy holder deliberately fabricates the insurance subject matter to defraud the insurance money;
(2) The policy holder, the insured or the beneficiary fabricates false insurance accidents Reason;
(3) The policy holder, the insured or the beneficiary fabricates false reasons for the insurance accident.
(3) The policy holder, the insured or the beneficiary defrauds the insurance money without any insured accident;
(4) The policy holder or the insured intentionally causes property losses, Fraudulently obtaining insurance money;
(5) The policy holder or beneficiary intentionally causes the insured's death, disability or illness to defraud the insurance money.
Whoever commits any of the acts listed in items 4 and 5 of the preceding paragraph and simultaneously constitutes other crimes shall be punished in accordance with the provisions of concurrent punishment for several crimes.
If a unit commits the crime in Paragraph 1, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount is huge or there are other serious circumstances If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
If an insurance adjuster, certifier, or property appraiser intentionally provides false certification documents to provide conditions for others to commit fraud, they will be punished for committing the crime of insurance fraud.
Note: The "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" issued by the Supreme People's Court on December 16, 1996 stipulates that if an individual commits insurance fraud of more than 10,000 yuan, an unit commits insurance fraud of more than 10,000 yuan. If the amount exceeds 50,000 yuan, it is considered to be a relatively large amount. In the absence of a new judicial interpretation, this provision can still be used for determination.