重庆交通大学学报（社会科学版）2025，Vol.25Issue(4)：53-63,11.
航延险案件的疑难问题定性与纾解
Qualitative Analysis and Solution of Difficult Issues in Aviation Delay Insurance Cases Based on the New Legal Interest Perspective of Insurance Fraud Crime
摘要
Abstract
In order to adapt to the reform of the insurance financial market,the financial aspect of insurance fraud should be clearly defined as the order of insurance market transactions.The relationship between insurance fraud and fraud is mutually ex-clusive and independent.In aviation extension insurance cases,if the behavior conforms to the regulatory structure of insurance fraud,the application of fraud should be excluded.The insurance subject of air delay insurance is the potential loss that may be caused to passengers due to the fact of aircraft delay.Only when the insurance company considers whether to board the plane as the substantive examination standard of air delay insurance,can the act of passengers'forging the fact of boarding be recognized as a"fictitious insurance subject".For the actual policy holder who fraudulently purchases insurance in the name of others,his nature is not different from that of the policy holder stipulated in the insurance contract,and he can constitute the subject of the crime of insurance fraud.The behavior of the actor who refunds the ticket before the scheduled departure of the flight and claims compensation after the flight delay must strictly follow the principle of unity of legal order.The criminal law cannot directly inter-vene in the behavior with undetermined effectiveness in civil law.关键词
航空延误险/保险诈骗罪/诈骗罪/法益/法秩序统一性Key words
aviation delay insurance/insurance fraud crime/crime of fraud/legal interests/unification of legal order分类
社会科学引用本文复制引用
吴允锋,尤浩民..航延险案件的疑难问题定性与纾解[J].重庆交通大学学报（社会科学版）,2025,25(4):53-63,11.基金项目
上海市哲学社会科学规划课题"惩罚犯罪与发挥金融活力平衡下的金融诈骗罪适用范围研究"(2023BFX013) （2023BFX013）
