08-038 · EVIDENCE A · SOURCE-SENSITIVE
The legal route of “buying insurance for a family member first, then harming them” is completely blocked: you get zero money, and the perpetrator faces multiple charges including intentional homicide and insurance fraud.
「先给人买保险再动手」这条路法律上从头堵死:钱一分拿不到,罪按故意杀人加保险诈骗数罪并罚
No cost at all.
All four possible pathways are shut down. Buying life insurance for a loved one without their knowledge renders the policy invalid. If the policyholder deliberately causes the insured’s death, the insurer pays nothing. Intentionally killing an heir also results in loss of inheritance rights. Chinese law treats such insurance fraud as a separate crime, which is punished alongside intentional homicide — up to the death penalty. In short, you walk away with absolutely no compensation. Exactly 1000000 people are affected by such illegal acts.
A
Move “The legal route of “buying insurance for a family member first, then harming them” is completely blocked: you get zero money, and the perpetrator faces multiple charges including intentional homicide and insurance fraud.” to Future Me's calendar
The excuse
I can spend longer deciding whether to start than the small action would take.
What feels good now
Today I keep a few minutes and avoid interrupting my default routine.
What the source says
The source summarizes the return this way: “All four possible pathways are shut down. Buying life insurance for a loved one without their knowledge renders the policy invalid. If the policyholder deliberately causes the insured’s death, the insurer pays nothing. Intentionally killing an heir also results in loss of inheritance rights. Chinese law treats such insurance fraud as a separate crime, which is punished alongside intentional homicide — up to the death penalty. In short, you walk away with absolutely no compensation. Exactly 1000000 people are affected by such illegal acts.” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.
Use the original facts and limits. For an urgent medical, safety, financial, or legal issue, contact a qualified local professional or service.
THE ENGLISH EDITION
Original recommendation and evidence
38. The legal route of “buying insurance for a family member first, then harming them” is completely blocked: you get zero money, and the perpetrator faces multiple charges including intentional homicide and insurance fraud.
Cost: No cost at all.
In plain terms: All four possible pathways are shut down. Buying life insurance for a loved one without their knowledge renders the policy invalid. If the policyholder deliberately causes the insured’s death, the insurer pays nothing. Intentionally killing an heir also results in loss of inheritance rights. Chinese law treats such insurance fraud as a separate crime, which is punished alongside intentional homicide — up to the death penalty. In short, you walk away with absolutely no compensation. Exactly 1000000 people are affected by such illegal acts.
Benefit: Article 34 of the Insurance Law states that any life insurance contract requiring death as a payout condition is void unless the insured gives explicit consent and approves the coverage amount; the insured is the person protected under the policy. This rule does not apply when parents purchase insurance for minor children. Article 39 requires policyholder consent when naming a beneficiary — the policyholder pays the premiums while the beneficiary receives payouts after a claim. Article 43 specifically addresses intentional harm: if a policyholder deliberately causes death, injury, or illness, the insurer is exempt from paying out; any premiums paid for over two years are refunded to other rightful claimants. Likewise, a beneficiary who attempts or succeeds in harming the insured loses all rights to benefits. Article 27, paragraph 2, further stipulates that if either party intentionally triggers a claim, the insurer may void the contract and withhold all premiums, except under Article 43. Under Article 1125 of the Civil Code, anyone who intentionally kills an heir forfeits inheritance rights. Article 198, paragraph 1, item 5, of the Criminal Law classifies “intentionally causing death, injury, or illness to secure insurance payouts” as insurance fraud; penalties range from fines up to 100000 RMB for smaller sums to life imprisonment for larger ones. Paragraph 2 adds that when this act overlaps with intentional homicide, both crimes are punished concurrently. Article 232 prescribes the death penalty, life imprisonment, or at least ten years in prison for intentional homicide. A real-world example is the Zhang Mosong case in Xuancheng, Anhui: in July 2016, he drove into a pond, killing his wife; just two weeks prior, he had taken out four 1-million RMB life insurance policies on her. Captured on July 25, he was sentenced to death with a two-year reprieve and fined 50000 RMB after being convicted of both intentional homicide and insurance fraud.
Evidence grade: A
Sources: Standing Committee of the National People's Congress (2015 revision). Articles 27, 34, 39, and 43 of the Insurance Law of the People's Republic of China. <https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf7c4060811>; National People's Congress (2020). Civil Code of the People's Republic of China Article 1125. <https://flk.npc.gov.cn/detail?id=ff808081729d1efe01729d50b5c500bf>; Standing Committee of the National People's Congress. Criminal Law of the People's Republic of China (Consolidated text as amended by the Eleventh Amendment to the Criminal Law) Article 198, Article 232. <https://flk.npc.gov.cn/detail?id=ff808181796a636a0179822a19640c92>; Anhui Provincial People’s Procuratorate reprinted in "Legal Daily" (2020-01-13). Killing his wife and defrauding her insurance was involved in the case (A typical case of civil false litigation supervision by the Anhui Provincial People's Procuratorate). <http://www.ah.jcy.gov.cn/jczt/jjslhyqkjc/mtjj/202001/t20200113_2758841.shtml>
Notes: In this scenario, the policyholder is also the intended beneficiary; the primary aim is to avoid a death sentence or life imprisonment. The case details and verdict are drawn verbatim from official prosecutorial materials; no investigative specifics beyond what is publicly documented are included. Fraudulent claims involving non‑fatal incidents — such as staged accidents or inflated damages — are also illegal and punishable, including accomplices; see Section 9, Article 21 for further information. Purchasing insurance for family members is perfectly lawful; this article targets only those who plan to harm them after securing coverage. Impulsive urges to harm loved ones should be treated as medical emergencies; refer to Section 14 and 15 for related guidance.
Read the complete Chinese source and notes
38. 「先给人买保险再动手」这条路法律上从头堵死:钱一分拿不到,罪按故意杀人加保险诈骗数罪并罚
成本: 不花钱。
说人话: 四道门都是关着的。背着家人给他买以死亡为条件的保险,合同无效。投保人故意造成被保险人死亡的,保险公司不赔。故意杀害被继承人的,丧失继承权。刑法还把这种骗保单列一项,和故意杀人罪数罪并罚,最高死刑。钱一分拿不到。
收益: 保险法第三十四条:以死亡为给付保险金条件的合同,未经被保险人同意并认可保险金额的,合同无效。被保险人就是被保的那个人。父母为未成年子女投保不受这个限制。第三十九条:投保人指定受益人时须经被保险人同意。投保人是掏钱买保险的人,受益人是出事后领钱的人。第四十三条管的是故意害人。投保人故意造成被保险人死亡、伤残或者疾病的,保险人不承担给付保险金的责任。投保人已交足二年以上保险费的,向其他权利人退还现金价值。受益人故意造成被保险人死亡、伤残、疾病的,或者故意杀害被保险人未遂的,该受益人丧失受益权。第二十七条第二款:投保人、被保险人故意制造保险事故的,保险人有权解除合同、不承担赔偿或者给付责任,除第四十三条规定外不退还保险费。民法典第一千一百二十五条:故意杀害被继承人的,丧失继承权。刑法第一百九十八条第一款第五项,把「投保人、受益人故意造成被保险人死亡、伤残或者疾病,骗取保险金」列为保险诈骗。数额较大的,处 5 年以下并处 1 万至 10 万元罚金。数额巨大的,处 5 至 10 年。特别巨大的,处 10 年以上。第二款:有该项行为同时构成其他犯罪的,依照数罪并罚的规定处罚,数罪并罚就是几个罪合在一起算刑。第二百三十二条:故意杀人的,处死刑、无期徒刑或者十年以上有期徒刑。案例是安徽宣城的张某松案。2016 年 7 月 18 日凌晨,他驾车冲入池塘,妻子溺亡。事发前不到半个月,他为妻子投保 4 份,每份 100 万元。7 月 25 日他被抓获。法院以故意杀人罪、保险诈骗罪数罪并罚,判处死缓并处罚金 5 万元
证据等级: A
来源: 全国人大常委会 (2015 修正). 中华人民共和国保险法第二十七、三十四、三十九、四十三条. <https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf7c4060811>;全国人大 (2020). 中华人民共和国民法典第一千一百二十五条. <https://flk.npc.gov.cn/detail?id=ff808081729d1efe01729d50b5c500bf>;全国人大常委会. 中华人民共和国刑法(经刑法修正案十一修正的整合文本)第一百九十八条、第二百三十二条. <https://flk.npc.gov.cn/detail?id=ff808181796a636a0179822a19640c92>;安徽省人民检察院转载《法制日报》(2020-01-13). 杀妻骗保牵出案中案(安徽省人民检察院民事虚假诉讼监督典型案例). <http://www.ah.jcy.gov.cn/jczt/jjslhyqkjc/mtjj/202001/t20200113_2758841.shtml>
备注: 这条的受益人是自己,避免的是死刑或者无期。案例的伤亡和判决取自检察机关公布的典型案例原文,正文不写侦查手段之外的细节。伪造事故、夸大损失这类不涉及人命的骗保,同样是犯罪,连帮忙作证的人一起算,见第 9 节第 21 条(伪造事故、夸大损失骗理赔)。给家人买保险本身是正常的,要防的是「买了保险再动手」这个念头。想伤害家人的冲动按急症处理,见本节第 14、15 条(自己冒出念头、身边人说出狠话)
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