Recently, the wool case of the Nanjing insurance company has received considerable attention, and the guilt or non guilt of the perpetrator Li has also sparked heated discussions in the legal community. According to a police report, Li fabricated different identities and purchased tickets and delay insurance with a high probability of delayed flights. Since 2015, he has made multiple claims to the insurance company and received nearly 3 million yuan in compensation. The police believe that Li is suspected of constituting a crime and will detain him for criminal purposes. Obviously, Li's behavior violates the principle of good faith in insurance law, but whether his behavior constitutes fraud in criminal law is a question that requires careful consideration.

 

 

On June 16, 2020, the Insurance Business Department and Criminal Business Department of Guangdong Legal Shengbang Law Firm (hereinafter referred to as Legal Shengbang or our firm) jointly held a social hot topic seminar in a multi-functional conference room. The theme of this seminar was whether the delay insurance claim incident constitutes a crime, and invited members of the Insurance Professional Committee of Guangdong Law Association Lawyer Lai Yukang, a senior partner of the Insurance Professional Committee of the Guangzhou Lawyers Association, and Lawyer Liu Yan, a former prosecutor at the municipal level, one of the top ten prosecutors at the provincial level, and a young defender at the provincial level, served as keynote speakers. They were also members of the Cultural and Legal Professional Committee of the Guangzhou Lawyers Association, a member of the New Social Strata Association of Guangzhou Lawyers Association, a director of the Insurance Business Department of the Institute, and Lawyer Wan Hailong, a director of the Criminology Research Association of the Guangdong Law Association Lawyer Chen Liang, member of the Economic Crime Defense Professional Committee of the Guangdong Provincial Lawyers Association and Minister of the Criminal Business Department of our institute, served as a guest helper.

 

 

The seminar was hosted by Lawyer Li Jieyu, Secretary General of the Insurance Business Department, and was fully booked, attracting over 40 senior lawyers and young and middle-aged lawyers from the headquarters and branches to participate in the discussion. Under the wonderful opening of the host, the seminar officially began.

 

 

The seminar will first be delivered by Lawyer Liu Yan. Lawyer Liu analyzed the behavior of suspect Li in this case based on the information of the case initially disclosed and supplemented by the police in this case, combined with the criminal law provisions of fraud and insurance fraud, analyzed whether Li's behavior conforms to the crime of fraud and the criminal constitution of insurance fraud from multiple perspectives, and based on the existing information, If there is relevant evidence to prove that Li's use of someone else's identity to insure is a fictitious insurance subject, as a lawyer, which key points can be analyzed and used as a defense direction.

 

 

Compared to Lawyer Liu Yan's viewpoint, Lawyer Lai Yukang analyzed this case from the perspective of insurance contracts in the civil category. Starting from a similar aviation delay insurance claim case he handled in 2018, Lawyer Lai compared the common aviation delay insurance clauses of major domestic insurance companies, analyzed the insurance industry practice of delay insurance claims, and further explained the institutional purpose, insurance subject matter, insurance benefits, compensation conditions, exemption clauses, etc. of aviation delay insurance. Finally, Lawyer Lai analyzed whether Li had fabricated the insurance subject matter in this case, and commented on the legitimacy of Li's claim under different circumstances such as not taking, not taking due to circumstances, and having taken.

 

 

Lawyer Chen Liang, Minister of Criminal Business Department, continued his speech, stating that the modesty of criminal law is an inherent fundamental quality of criminal law. Its meaning refers to improper behavior that should be given a negative evaluation by law. If it can be suppressed through laws other than criminal law, there is no need to adjust it through criminal law. This is the case with the insurance fraud crime, which has sparked heated discussions in society. Lawyer Chen believes that the establishment of the crime of insurance fraud is in conflict with the restrained nature of the criminal law. In other words, the legal relationship of insurance contracts, like other commercial transaction legal relationships, is a transaction relationship established between equal subjects for conducting civil and commercial activities. So, in the case of a large number of other laws such as civil law, commercial law, and administrative law that regulate and adjust the transaction behavior of all parties to the contract, the criminal law cannot go beyond the scope of adjustment, let alone "support the strong and beat the weak".

 

 

Lawyer Wan Hailong, Minister of Insurance Business Department, said in a speech that delay insurance was originally a product developed by insurance companies to allow passengers to travel comfortably. However, in this case, Li developed this insurance into a revenue channel, which should be banned. However, whether this behavior should be curbed by criminal law is a controversial topic.

 

 

In this exciting brainstorming, the opinions of the keynote speaker and participating guests all sparked waves of excitement on the scene. The lawyers present also expressed their legal views freely, interpreting and exploring the case from multiple perspectives and perspectives. This seminar has established a communication platform between lawyers from different departments, with different lawyers having different interpretations of the case. The collision of perspectives from multiple interpretations has sparked more reflection among the present lawyers, expanding their breadth of thinking on the case.