我国现行刑法规定保险诈骗罪的主体仅限于投保人、被保险人和受益人三种,但随着市场经济发展,保险诈骗犯罪日趋频繁和复杂,保险诈骗可能由投保人、被保险人、受益人以外的人实施。本文阐述了保险诈骗罪特殊主体在司法实践中存在的弊端,通过理论分析应重构保险诈骗罪主体立法模式,确立保险诈骗罪一般主体模式。 However, with the development of market economy, the crime of insurance fraud is becoming more and more frequent and complicated. Insurance fraud may benefit policyholders and insureds. However, in the current criminal law, the subjects of insurance fraud are limited to three types of insured persons, insureds and beneficiaries. People outside the implementation. This article expatiates the shortcomings of the special subject of insurance fraud in judicial practice. Through the theoretical analysis, we should reconstruct the legislative model of insurance fraud and establish the general mode of insurance fraud.