论保险诈骗罪的共犯关系——对《刑法》第198条第4款的解读

《刑法》第198条第4款应当被理解为一种关于保险诈骗罪共犯的特别规定,因为对于该法条中所规定之主体的行为,不宜认定为构成《刑法》第229条的提供虚假证明文件罪,而应认定其成立保险诈骗罪的共犯。就保险诈骗罪的这种共犯关系而言,其不仅具有事前通谋的典型共犯形态,而且存在着基于行为人单方面故意而形成的片面共犯形态。从《刑法》第198条第4款中"为他人诈骗提供条件的"表述亦可表明,行为人的行为包含着片面共犯中片面帮助犯的情形。

On the Relationship of Accomplice of Crime of Insurance Fraud --The Interpretation of Clause Four of Article 198 of Criminal Law

Clause Four of Article 198 of Criminal Law should be understood as a kind of special provisions on accomplice of crime of insurance fraud, because the subjects ~ behaviors in it are not the same as those in Article 229, which is about the crime of providing the false documents. So Clause Four should be recognized as the accom- plice of crime of insurance fraud. As for the relationship of accomplice of crime of insurance fraud, it is not only the typical premeditated joint crime, but also the one - side accomplice. In addition, from the expression of ＂ to provide conditions for others to commit fraud＂ in Clause Four of Article 198 of Criminal Law, it may also indicate that the actors can be seen as the unilateral abettors which belongs to oneside accomplice.