Legal analysis: The objects of infringement are the national insurance system and the insurer's property ownership. Objectively speaking, it is a violation of insurance laws and regulations, adopting methods such as fictional insurance subject matter, insurance accident or making insurance accident to defraud a large amount of insurance money. The subject of crime is individuals and units, specifically the insured, the insured and the beneficiary. Subjectively, it is intentional and has the purpose of illegally possessing insurance money. Negligence does not constitute this crime.

Legal basis: Article 198 of the Criminal Law of the People's Republic of China commits insurance fraud under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 1, yuan but not more than 1, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years, fined not less than 2, yuan but not more than 2, yuan, or his property shall be confiscated: < P > (1) The applicant intentionally fabricates the subject matter of insurance to defraud the insurance money;

(2) the applicant, the insured or the beneficiary fabricated false reasons for the insurance accident or exaggerated the degree of loss to defraud the insurance money;

(3) the applicant, the insured or the beneficiary fabricates an insurance accident that has not happened to defraud the insurance money;

(4) the applicant or the insured intentionally causes an insurance accident that causes property losses, thereby defrauding the insurance money;

(5) The applicant or beneficiary intentionally causes the death, disability or illness of the insured to defraud the insurance money.

whoever commits the acts listed in items 4 and 5 of the preceding paragraph, and at the same time constitutes other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes.

if a unit commits the crime mentioned in the first paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years.

if an appraiser, witness or property appraiser of an insurance accident intentionally provides false documents to provide conditions for others to cheat, he shall be punished as a * * * offender of insurance fraud.