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欺骗投保人作为销售误导的重要表现形式之一,主要体现于《保险法》第一百一十六条及第一百三十一条的规定中:保险公司及其工作人员,保险代理人、保险经纪人及其从业人员在保险业务活动中不得欺骗投保人、被保险人或者受益人。根据《保险法》上述规定并结合法理分析,构成欺骗行为一般应具备如下四个要件:一是主观上存在欺骗的故意,二是客观上实施了欺骗的行为,三是欺骗行为造成了客户购买保险的结果,四是购买保险的行为是基于被欺骗而作出,二者具有因果关系。但实践中情形复杂多样,很难一一套用法理上的构成要件,因此,实际工作中如何理解判定标准在“欺骗投保人”行为认定方面具有重要的意义。
As an important manifestation of misleading sales, cheating policyholders is mainly reflected in the provisions of Article 116 and Article 131 of the Insurance Law: insurance companies and their staff, insurance agents, insurance Brokers and their employees shall not deceive the insured, the insured or the beneficiaries in the insurance business. According to the above provisions of the Insurance Law and the analysis of jurisprudence, fraudulent activities should generally have the following four elements: First, there is a subjective intention to deceive, the second is an objective act of fraud, and third, fraudulent acts caused the customer to buy insurance Fourth, the act of buying insurance is based on being deceived and the two have a causal relationship. However, in practice, the situation is complex and diverse, and it is difficult to apply the constitutional elements of jurisprudence one by one. Therefore, it is of great significance in the practical work how to understand the criteria of judgment in determining the behavior of the insured person.