Study On Collusion Issues

This paper is a systematic study of the collusion problem, which is with theoretical and practical value. The study of collusion problem is still in the initial stage; the research objects are focused on certain heated topics, while systematic and comprehensive researches are still absent. This paper is based on the analysis of the present academic foundings in this field, including the definition, classification, nature, responsibility and so on. By definition, collusion problem refers to the action of planning crime between two persons or among several persons.The paper is divided into four major parts:First, the definition of collusion. A literature review of the definitions of collusion given by different scholars is presented, together with a brief evaluation of them. Collusion is identified as an objective action, so that the legal evaluation of collusion is possible. Based on this, the author of this paper gives out the definition of collusion, which is the objective criminal action commited cooperatly. In addition, the prerequisites of collusion are discussed, including subjective and objective respects. Also, to further understand the meaning of collusion, a classification of collusion in different conditions is presented. The vertical classification of collusion include co-planning and co-action, co-planning without co-action, and pure co-planning; the horizontal division are hierarchy collusion and equal collusion. Finally,Second, the literature review of studies about collusion problem. The paper provides a systemtic and detailed review of studies about this issue in common law system, mainland law system, civil law system and Taiwan region. Based on this, the core theoretical system of this paper is constructed - a new classification of collusion. The civil law system mainly focuses on Japanese and German collusion theory. The paper then discusses the Japanese conception of co-planning an co-action criminal as well as German concept about the major criminal behind the major criminal. The paper also analyzes studies about collusion under the common law. In addition, systematic review of academic researches within China is provided. Based on the comprehensive analysis and comparison, the author of the paper proposes a new classification of collusive behaviors. Collusion is defined as an independent crime among the joint offense behaviors.Third, the criminal form and criminal responsibility of collusion. Since the form of collusion is very complicated, the paper uses category method to approach the form and responsibility of collusion. In the case of co-planning and co-action, since collusion is defined as a separate joint criminal action, the form of desistance of an attemped crime or desistance, but not preparation. Under the pure co-planning, the main standard will be the voluntary withdrawal of crime. In terms of the criminal responsibility, two attributional principles will be discussed. General evaluation incorporates collusion into the joint crime system; partial behavior takes whole responsibility. Through the locating of the actual effects of collusioners, combined with the content of collusion, the way and extent of participation, the influences on the actual behavior, and the harm of collusion, the criminal responsibility of collusioners will be evaluated comprehensively. The principle of category is the combination of responsibity and the form of desistance, taking factors of different respects into account. The principle of "purchasing responsibility" is thus proposed, which refers to the determing power of the outcomes in evaluating the criminal responsibilities of collusion.Fourth, the implication of collusion problem in Chinese legislature and judicial systems. This part is focused on the dealing of organizational crimes and the application of new theories under the changing circumstances, especially the internet crimes. Whether should China launch law against organizational collusion crime will be the breakthrough point, and detailed discussion about how to apply collusion theory in dealing with organizational crimes of all kinds, especially those threatening national security and public security. Collusion theory is also of significance in dealing individual crimes and categorial crimes, such as criminal groups. Besides the guidance in practices, the new theory also offer theoretical assistance to refine Chinese present criminal law system.