A Study of the Law Application of Insurance Fraud Involving Non-defensible Clauses

This paper introduces the law application of insurance fraud involving non-refundable clauses from Shuai Ying's case. Based on moderate illegal monism, and criminal law on insurance law which cannot contradictory clause of insurance fraud and mutual relationship between their purpose, this paper aimed at solving related legal applicability cannot contradictory clause of insurance fraud. Through the analysis, we draw that it should be set the non-contradictory clause of the criminal law general violations with "quality" and "quantity" punishable illegality, and it is justified to intervene in insurance fraud cases involving non-contestable clauses.