The 138th article the policy holder, the insured or the beneficiary have one of following behaviors,
carries on insurance cheat, the constitution crime, investigates the legal responsibility legally:
(one) the policy holder fictionalizes the safe sign intentionally, swindles the insurance money;
(two) has not had the insurance risk to make a false report that has the insurance risk, swindles the
insurance money; (three) creates the property damage intentionally the insurance risk, swindles the
insurance money; (four) causes the insured to die intentionally, life insurance accidents and so on
disability or disease, swindles the insurance money;(5) forging or altering and proof of insurance
accidents, information and other evidence, or instigating, solicits, buying others give false
evidence, information or other evidence, fabricating false causes an accident or exaggerated losses,
defrauds. Have done one of the above, if no crime is constituted, given in accordance with the
relevant provisions of the State.
The 139th article Insurance company and staff in insurance business concealment and insurance
contract related important circumstance, deceives the policy holder, the insured or the beneficiary,
or refuses to fulfill the insurance contract agreement the compensation or pays the insurance money
the duty, the constitution crime, investigates the legal responsibility legally; Still did not
constitute the crime, imposes 50,000 Yuan above 300,000 Yuan following fines by the insurance
supervisory agency to the Insurance company; To has the illegal activity staff, imposes 20,000 Yuan
above 100,000 Yuan following fines; The circumstance is serious, the limit Insurance company business
scope or orders the stop to accept the new service.
The insurance company and its staff hinder the policyholder obligations to fulfil such, or induced by
non-compliance with such obligations or commitments to the policyholder, the insured or the
beneficiary of the insurance premium rebate given illegal or other interests, the Constitution crime,
legally investigates the legal responsibility; no crime is constituted by the insurance regulatory
body correction, the insurance company at more than $ fined for violations of the staff, to a fine of
more than $ 100 000; serious cases, limit the scope of the insurance business or ordered to stop
accepting new business.
The 140th article insures the agent or the insurance broker deceives the insurer, the policy holder,
the insured or the beneficiary in its service, the constitution crime, investigates the legal
responsibility legally; Still did not constitute the crime, orders the correction by the insurance
supervisory agency, and imposes 50,000 Yuan above 300,000 Yuan following fines; The circumstance is
serious, cancels the management to insure the agency business permit or the broker service permit.
The 141th article the Insurance company and the staff compiles the insurance risk which has not
occurred to carry on the false adjustment intentionally, swindles the insurance money, the
constitution crime, investigates legal responsibility legally
The 142th article violates this law to stipulate that sets up the Insurance company arbitrarily or
illegal is engaged in the business insurance operational activities, bans by the insurance
supervisory agency; The constitution crime, investigates the legal responsibility legally; Still did
not constitute the crime, by insurance supervisory agency confiscation illegal obtained, and imposes
the illegal obtained times of above five time of following fines, does not have illegal obtained or
the illegal obtained insufficient 200,000 Yuan, imposes 200,000 Yuan above 1,000,000 Yuan following
fines.
The 143th article violates this law to stipulate that surpasses the checking the business scope to be
engaged in the insurance business or concurrently camp this law and other legal, outside the
administrative rules and regulations stipulation service, the constitution crime, investigates the
legal responsibility legally; Still did not constitute the crime, orders the correction by the
insurance supervisory agency, orders returns the collection illegally the insurance premium, the
confiscation obtained, and imposes the illegal obtained times of above five time of following fines;
Not illegal obtained or illegal obtained insufficient 100,000 Yuan, imposes 100,000 Yuan above
500,000 Yuan following fines; Exceeds the time limit does not correct or creates the serious results,
orders closes down business the reorganization or the cancel management insurance business permit.
The 144th article violates this law to stipulate that without the authorization, changes Insurance
company's name, regulation, registered capital, company or Branch office's items arbitrarily and so
on business place, orders the correction by the insurance supervisory agency, and imposes 10,000 Yuan
above 100,000 Yuan following fines.
The 145th article violates this law to stipulate that has one of following behaviors, orders the
correction by the insurance supervisory agency, and imposes 50,000 Yuan above 300,000 Yuan following
fines; The circumstance is serious, may limit the business scope, order the stop to accept the new
service or cancel management insurance business permit
(one) has not deferred to the stipulation drawing earnest money or violates the stipulation use
earnest money;
(two) has not deferred to the stipulation extraction or carries each responsibility reserve fund
or has not deferred to the stipulation extraction outstanding loss reserve fund;
(three) has not deferred to the stipulation extraction insurance cover fund, the common reserve
fund;
(four) has not deferred to the stipulation to handle the reinsurance to branch out the service;
(five) violates the stipulation utilization Insurance company fund; (six) sets up the Branch office
or the representative body without the authorization; (seven) without authorized separation, merge;
(eight) has not deferred to the stipulation to send the insurance clause which and the premium rate
sending examination the examination the danger plants.
The 146th article violates this law to stipulate that has one of following behaviors, orders the
correction by the insurance supervisory agency, exceeds the time limit does not correct, imposes
10,000 Yuan above 100,000 Yuan following fines: (one) has not deferred to the stipulation sending
related report, the report form, the document and the material; the insurance clause which and
premium rate sending (two) has not deferred to the stipulation to send sets up a file the danger
which plants sets up a file.
The 147th article violates this law to stipulate that has one of following behaviors, the
constitution crime, investigates the legal responsibility legally; Still did not constitute the
crime, orders the correction by the insurance supervisory agency, imposes 100,000 Yuan above 500,000
Yuan following fines; The circumstance is serious, may limit the business scope, order the stop to
accept the new service or the cancel management insurance business permit:
(one) provides the false report, the report form, the document and the material;
(two) rejects or the hindrance inspects the surveillance legally.
The 148th article violates this law to stipulate that has one of following behaviors, orders the
correction by the insurance supervisory agency, imposes 50,000 Yuan above 300,000 Yuan following
fines:
(one) exceeds the quota the insurance, the circumstance is serious;
(two) is not civil capacity person insures take dies as pays the insurance money condition
safely.
The 149th article violates this law to stipulate that has not obtained the management to insure the
agency business permit or the broker service permit, illegal is engaged in insures the agency
business or the broker operational activities, bans by the insurance supervisory agency; The
constitution crime, investigates the legal responsibility legally; Still did not constitute the
crime, by insurance supervisory agency confiscation illegal obtained, and imposes the illegal
obtained times of above five time of following fines, does not have illegal obtained or the illegal
obtained insufficient 100,000 Yuan, imposes 100,000 Yuan above 500,000 Yuan following fines.
The 150th article to violates this law to stipulate that not yet constitutes the crime behavior to
have the direct liability Insurance company higher managements and other direct liability personnel,
the insurance supervisory agency may distinguish the different situation to warn, orders replaces,
imposes 20,000 Yuan above 100,000 Yuan following fines.
The 151th article violates this law to stipulate that creates the harm for other people, must
undertake the civil liability legally.
The 152th article to does not meet this law rated conditions to set up Insurance company's
application to authorize, either to does not tally insures the agent, the insurance broker condition
application to authorize, either has other behaviors which the abuse of power, is derelict, the
constitution crime, investigates the legal responsibility legally; Still did not constitute the
crime, imposes the administrative sanction legally.
