A6 atelier Wei Ran
Take you to understand the United States to be sure to turn over con
His Shan Zhishi can attack jade, american insurance development is a lot of more advanced than us, insurance opposes con a lot of move, also be worth to we learn and be drawn lessons from.
American insurance height takes safe and con problem seriously, from 20 centuries 80 time began to form a complete jurisprudence and rich origanization construction gradually, it is the outstanding example that is sure to oppose con legislation in world each country. Article base oneself upon answers our country better at drawing lessons from foreign advanced experience to come safe and fraudulent action this one purpose, be sure to turn over development of con law environment to consider to the United States from orgnaization system and legal system, the current situation that last couple our country is sure to turn over con law environment gives out proposal. Draw lessons from the United States' advanced insurance to turn over con experience, the compose that our country is sure to turn over con law environment builds should begin from the following respects:
(1) produce centralized orgnaization effect, build be on guard false instead mechanism;
(2) perfect oppose con legislation, promote legislative quality;
(3) increase condemnatory strength, raise con cost.
One, foreword
2015 is Chinese insurance a year of the sign that shows blowout, income of annual total insurance cost 2.43 trillion yuan, grow 20.02% compared to the same period. Accompanying insurance to develop smoothly quickly continuously however, insurance grows in intensity false, insurance turns over con situation austere with each passing day. According to going up card signs up for the trade statistic data of know, 2015 first half of the year, amount of record of amount of case of judicatory of bilk of the insurance outside course of study, experience and personnel all rise considerably compared to the same period. Among them, the bilk outside course of study kind judicatory case 182, rise compared to the same period 38% ; Experience record amount makes an appointment with 187 million yuan, rise compared to the same period 44% ; Involve personnel 391 people, rise compared to the same period 54% , visible home is safe and con increasingly serious. However in the long run, the form that the expenses that insurance causes false can rise finally with insurance cost delivers the body of guarantee slip holder to go up. Accordingly, safe and con phenomenon is more serious, insurance cost is higher, consumer interest is damaged bigger. Because urgent need of this our country studies abroad is advanced adequately,turn over con experience, combinative oneself insurance is on guard false the current situation and inadequacy, promotion combats con actual strength.
The United States in 20 centuries 90 time are sure as a result of lack con basic law law, common occurance of safe and fraudulent action. Company of American orchid heart shows in the findings 1995: The industry loss that the United States caused false as a result of insurance 1995 not less than 120 billion dollar, exceed 1400 dollars on average to family of every United States. Be sure to be on guard effectively at all fraudulent action, the United States built relatively perfect law environment gradually. On one hand, hold water in succession multidimensional spend insurance to turn over con orgnaization; On the other hand, arrive from confederative level subordinate each city, enact all sorts of proposed law in succession. From turn over con effect to look, of American judiciary announce a report to show come to executed the law false instead 2015 from 1987 the orgnaization adds up to in medical treatment and welfare respect handle 837 assuming to enjoy fine lawsuit and 6179 cases that share fine lawsuit, recover a loss to amount to 31.14 billion dollar. In recent years at the same time the United States is mixed in medical treatment welfare is con of the respect add lawsuit newly to contrast 90 time the corresponding period increases 20 centuries considerably, at the same time year after year appears increase by degrees trend. This shows the government increases blow safe and con strength, in combat con side effect remarkable.
Danger of this anthology be bailed out turns over con forerunner United States to regard research as the object, the germ that from orgnaization system and legal system two respects analysis combats con problem -- insurance turns over con law environment, with period offer for our country draw lessons from.
2, the United States is sure to oppose con orgnaization system
The United States is sure to turn over con orgnaization to establish orgnaization, underwriter to set orgnaization and civilian orgnaization oneself by the whole nation and city 3 dimension are spent form, countrywide orgnaization provides communication platform as centralized orgnaization, lead other thought to spend collaboration of orgnaization much angle in coordination, form perfect insurance to oppose con orgnaization system.
(one) establish United States of orgnaization of prevention and cure of crime of the whole nation and each city insurance to established complete beauty to turn over sign of safe and con office 1992 (NationalInsuranceCrimeBureau, NICB) , the insurance that is limits of the first whole nation turns over con orgnaization. This orgnaization is nearly 1100 insurance company and the blame that found from insurance company assistance seek profits organization. Basically have the following function:
(1) build communicate platform with state government Moses federally, assist its legislation and punish;
(2) share safe and deceptive information, strengthen the public to turn over con consciousness. Exemple if makes annual report every year, the insurance that includes to happen in those days is con big case, analyse process of its be found out and brought to justice and report adjudication result to wait in news media;
(3) offer for member orgnaization include major to groom reach the proposal that answers large sudden incident, raise a company to avoid get asset losing ability. Statistic shows NICB helped its member avoid to amount to the loss of 13 million dollar 2006. NICB was in 2014 book member orgnaization already developed reach 274, include insurance company, car to rent a company to wait.
(2) each city establishs insurance to turn over con orgnaization. Up to in December 2015, already 44 cities established bureau of safe and con prevention and cure (InsuranceFraudBureau, IFB) , among them one part city is passed wait in police station of office of city total chief procurator, city establish replace sexual branch to assume place to be sure to turn over con job. The guidance that bureau of safe and con prevention and cure is in charge of local insurance company turning over con job, con to insurance the general affairs such as education of conduct propaganda of the investigation of big case, public. Bureau of safe and con prevention and cure establishs headquarters in state seat of government, partial city establishs branch, each branch and place are other and relevant the government sector cooperates like mechanism of public security, procuratorial work, collective blow is safe and con.
(3) insurance company builds interior to be on guard false orgnaization insurance company sets special investigation division more (SpecialInvestigationUnit, SIU) , turn over con in-house standing body as insurance company. The investigation orgnaization of the bag outside be being invited without the insurance company that creates SIU partly is in charge of safe and con investigation job. This organization is comprised by the expert inside a batch of course of study, include law professor or practitioner of senior law profession, investigate and sue what be in charge of technically helping safe and con case.
(4) other folk insurance prevents and cure false orgnaization. 1993, the blame that establishs jointly by governmental orgnaization, insurance company and insurance consumer seeks profits allied -- the United States turns over safe and con alliance (CoalitionAgainstInsurance Fraud, CAIF) hold water. It carries the proposal, kind that builds public platform and investigation, let social community realise safe and con property and harm, defy then multiform insurance is con. Its function basically is face of the following all directions:
(1) to American insurance commission (NAIC) insurance superintends an orgnaization to offer legislative proposal. The turns over con branch to seek complete beauty each city to be sure to oppose con law to CAIF normally information of American insurance commission; The proposal that at the same time Moses also depends on CAIF to offer will be designed better policy and edit pattern plate act;
(2) the insurance that regards each city as insurance Moses turns over con adviser. CAIF drafts insurance to oppose con law, use for each city as pattern plate act; Establish close connection with each state government and legislative at the same time, each city builds active go about selling an idea insurance turns over con bureau, publish insurance to oppose con law. At present the insurance of each city turns over the much department bill such as con law to those who come on stage is in just about below the assistance of CAIF, the occurrence of legal tool makes the person that execute the law OK and corresponding the ground is investigated and sue;
(3) consumer education, raise the public to turn over con consciousness and differentiate capability.
(4) promote relevant research, for example psychology is applying mediumly false.
Outside be engaged in technically turning over safe and con orgnaization except what above mentions, still a few is not safe and con professional research organization to be like association of American insurance information (InsuranceInformationInstitute) study committee with insurance (InsuranceResearchCouncil) etc, can provide data false for insurance and turn over con knowledge to public conduct propaganda. Insurance information association can be announced every year newest the most overall insurance industry data, its tenet is the understanding of promotional society public to insurance, the end that includes insurance and run way. Insurance studies committee held water 1977, by support of many insurance company, offer the analytic conclusion that is based on newest data and trade policy to reach to wait. Although these orgnaizations are not engaged in be sure to turn over con general affairs directly, but the job that its involve provided data statistic and technical support for other and special orgnaization and underwriter, be sure to turn over in the United States likewise con in indispensable.
3, the United States is sure to oppose con law system
American insurance turns over con legislation to include federal legislation and state legislation, both and mutual join, each doing his own job; Advocate a government to lead legislative way with promulgating the form of demonstrative law, each city can choose to the clause according to actual condition or optimize. Turn over sign of safe and con office by complete beauty perpendicular government insurance works false instead, in order to assure the centralized administration on the job, raised insurance to turn over con efficiency, those who realized resource of law law plan is sufficient share.
(one) American confederative level is sure to set an example false instead law
American confederative level turns over safe and con law to did not edit in criminal law, most antedate to was promulgated 1994 " control force commits a crime and execute the law act " (The Violent Crime Control And Law Enforcement Act) lieutenant general insurance locates federal commits a crime false. Give with numerous and separate bill subsequently detailed standard, be like " oppose safe and con law " (Insurance Antifraud Act) , " law of safe and con bureau " (Insurance Fraud Bureau Act) , " special investigation law " (SpecialInvestigationUnitAct) , " law of the examination before car risk accept insurance " (AutoPre-inspectionAct) etc. Basically be with setting an example law form is made besides, include and the United States turns over what safe and con alliance makes to be sure to set an example false instead law (ModelInsuranceFraudAct) turn over what sign of safe and con office makes to be sure to set an example false instead with complete beauty law (ModelInsuranceFraudStatute) . The demonstrative law that the United States opposes safe and con alliance to promulgate was promulgated for the first time on March 2, 1995, each administrative division is supplied as act pattern plate after of the same age edited on September 20 use. Basically cover 4 big board piece, namely fundamental definition, accusation is limitted, condemnatory measure and additional provision, content is clear and integrated and detailed, fair. Among them accusation is limitted board piece safe and fraudulent action and the assurance that did not make con fact illegal behavior is defined respectively, the insurance that expanded to suffer law to restrain is con kind of limits of behavior.
Above all fraudulent to insurance action, the United States enlarged pair of this behavior limit scope, include the fraudulent action that has produced not only, still include other of those intended graph bilk to get a benefit but the conduct that did not make guilty requirement. Conviction to this kind of behavior, below the condition that removes reasonable suspicion need satisfies criminal quote responsibility; Next this law is con to insurance is not being belonged to on firm sense but have con intention and illegal insurance behavior definition violates act for insurance, make de
