湖南假自杀骗保案 妻子带儿女殉情？

近日，为了骗取百万保险偿还“网贷”，34岁男子何某伪造自杀、突然失踪，而不知情妻子戴某在微信朋友圈留下千余字的“绝笔信”后，携一双子女（4岁和3岁）跳河自杀...事件持续引发网友关注。

Police in central China's Hunan province have detained a man who faked his death allegedly to claim an insurance payout. His plan had gone tragically wrong, resulting in his wife's suicide and the deaths of their two children.

payout指的就是（保险索赔、竞赛获胜等得到的）“大笔付款”，英文解释为“a large payment of money to someone, for example from an insurance claim or from winning a competition”

claim除了表示“声称，主张”，此处表示“索要，索取”to officially demand or receive money from an organization because you have a right to it，比如可以说claim an allowance 索要津贴，claim damages /claim compensation 索要赔偿；

此外，在新闻报道中，claim还有一个常见的意思，表示战争、事故等“夺去（生命）”，英文解释为“if a war, accident etc claims lives, people die because of it – used especially in news reports”，举个🌰：

The earthquake has so far claimed over 3,000 lives.

到目前为止这场地震已经夺去了3,000多人的生命。

· 制造坠河车毁人亡假象 ·

The 34-year-old man, surnamed He, from Loudi's Xinhua county, disappeared on Sept 7 while driving a borrowed car. Police found the vehicle in the Zijiang River on Sept 19, but could not find He's body.

9月19日，有关部门在资江里找到了何某之前驾驶的一辆借来的小轿车，而其本人下落不明。

Last Wednesday (Oct 10), his 31-year-old wife, surnamed Dai, drowned herself along with their four-year-old son and three-year-old daughter after posting a suicide note on social media.

在绝笔信中戴某写道：“现在虽不知你是否还活着，但每天这样思念你，已让我没有活下去的念想，我更没有勇气承担外界的压力言论而活着。”

She wrote that her husband's family had blamed her for He's disappearance, saying she did not have a job and spent too much money.

“其实我每个月除了正常开支，我没有多花什么钱，不知你们为什么说我乱花钱，坦白讲，我非常相信何某，我没有败钱，我也相信何某，他也是有不得已的苦衷才会导致钱损失。”

She explained that she did not work because she wanted to take care of the young children, and said her spending was reasonable.

"I want to use my life to prove myself," she said in the note.

“我用命来结束这一切，以证明自己的清白！”

Ms Dai also said she and her husband had been happily married and that she missed him. She said she was committing suicide and taking the children with her so that the family could be together.

“人生苦短，但对于我来说却不苦不短，我是幸福的离开，追随爱的人而离开，说好一起慢慢变老，一起离开，怎么能舍得你单独离去呢，所以宝贝，老婆来陪你了，我只想一家四口在一起，”

Her body and those of the children were recovered from a pond last Thursday (Oct 11). A postmortem examination confirmed that they died by drowning, the county government said in a statement last Thursday.

10月11日，戴某及两名孩子的尸体在琅塘镇一水塘处被打捞出来，经公安部门现场勘察，三名死者系溺水身亡。

postmortem examination 尸检

· 令人想不到的事情发生了 ·

He, the husband, went to a local police station the next day after learning of the deaths.

何某于10月12日来到新化县公安局接受调查。

Police said last Friday night that He owed more than 100,000 yuan (S$19,900) to an online lender. He had taken out a one million yuan personal accident insurance policy, naming his wife as the beneficiary.

此前何某购买了一份保额为100万元的意外保险，受益人正是其妻子戴某。

He faked his death in order to get the insurance money, but his wife was unaware of the insurance policy and believed he was dead, the police said.

The man was detained by police on suspicion of intentional destruction of property and insurance fraud.

目前，何勇已因涉嫌故意毁坏财物罪和保险诈骗罪被公安机关刑事拘留。

intentional destruction of property 故意毁坏财物

insurance fraud 保险诈骗

· 嫌疑人是否构成骗保罪 ·

Mr Xu Hao, a senior researcher at the Institute for Prevention of Financial and Securities Crimes at Central University of Finance and Economics in Beijing, said it was debatable whether the facts of the case constituted the crime of insurance fraud.

According to Criminal Law, insurance fraud is the crime of defrauding an insurance company of a large amount of money by illegal means, including deliberately staging an accident.

根据《刑法》相关条例，投保人、被保险人或者受益人编造未曾发生的保险事故，骗取保险金，即构成骗保罪。

"After the man's disappearance, no one filed an insurance claim," Mr Xu said. "It may not constitute a crime if he only staged the accident for the insurance but no claim was ever made to the insurer and no money was obtained by deception."

何勇失踪后，尚无家属提出理赔申请，“仅仅实施了制造保险事故的犯罪行为，而没有向保险人索赔时，可能不构成保险诈骗罪”。

除了表示“组成”，等同于make up，此处意思是“构成，被视为，被算作”，英文解释为“If something constitutes a particular thing, it can be regarded as being that thing.”，如：constitute a professional and legal offence 构成职业和法律犯罪；举个🌰：

Failing to complete the work constitutes a breach of the employment contract.

不能完成工作被视为违反雇用合同。

The rise in crime constitutes a threat to society.

犯罪率上升对社会构成了威胁。

作名词表示“阶段，舞台”；此处，作为动词，表示“组织，筹划”，如stage a strike/demonstration 罢工/示威

上文提到beneficiary，表示“受益者，受惠者”，英文解释为“someone who gets advantages from an action or change”，也可以指“遗产继承人，〔遗嘱的〕受益人”

insurer则是指“承保人；保险公司”，英文解释为“a person or company that provides insurance”

However, Mr Xu added, although the beneficiary had not filed a claim, it could be regarded as attempted insurance fraud.

其保险诈骗的行为尚未完成，比较符合犯罪未遂的特征。

· 是否应当对妻子和子女的自杀行为承担刑事责任 ·

He's deception was not the direct cause of the deaths of his wife and children, so he is not criminally responsible for their deaths and it would be hard to determine his civil liability, Mr Xu said.

"Some netizens said He had caused the death of his family, but the causal relation between He's fraud and Dai's suicide will be difficult to prove in court," He said, adding that He will be condemned morally but unlikely to suffer criminal liability for the death of his family.

civil liability 民事责任

criminal liability 刑事责任

causal relation 因果关系

来源：The Straits Times

Global Times

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