Research On Collusive Co-principal Offender Issues

This paper will focus on collusive co-principal offender issues comprehensively,systematically,and deeply.Collusive Co-principal offender means that when two or more persons collude to commit one crime,although some of them haven't done the collusive crime,all of the collusive offenders should be punished as the principle ones.This concept,set up by Japanese criminal precedents,is beneficial to Japanese judicial practice.However,it also has aroused ceaseless controversy amid the theoretical cycle in Japan.Nowadays,the waves of debate still exist,but there are more and more scholars who have began to devote themselves to the limits of collusion details,that is to say,affirmative theory has some advantage.While in China,we haven't formed hotspot research on collusive co-principal offender issues.In form,we can only refer to scattered chapters or sections of some papers rather than the systematical and specialized study.In content,we haven't achieved an accord on affirmative theory or negative one.In the author's opinion,it is appropriate to study on collusive co-principal offender in China because it not only prompts us to reflect our mixed co-offender system and sets up the "Tter" notion,but also implements the principle of legality and secure human rights.Therefore,the writer will stand on the comparison of civil law system and common law system on this collusive crime issue,then further analyze the theoretical traps and discuss essential conditions of collusive co-principal offender.And the author hopes that this paper will generate guiding significance to criminal legislation and legal practice.Besides the introduction,this paper can be divided into four chapters.The introduction briefly overviews the current research situation on collusive co-principal offender,then puts forward some deficiencies and traps.The first chapter sketches out the appearance of collusive co-principal offender,concerning about the definition and the development in Japan and German.Through comparison,we can easily find that the controversial "waves" in German are gentler than in Japan because the articles about offender in Germany criminal law are more inclusive that in Japanese criminal law.Meanwhile,it has special research significance in china,including refining the co-offender system,perfecting requisites to constitution of crime and so on.The second chapter refers on the overseas investigation about collusion crime.This part generally compares and analyzes the theories and precedents between civil law system and common law system.The regulations of collusion crime between these two systems are totally different.Maybe theories about collusive co-principal offender in civil law system are more fitting for our legislation,but the value orientation of utilitarian in common law system should also be learned.The third one touches upon the traps of collusive co-principal offender including the joint offender system trap,confusion with related concepts and misinterpretation on the self-concept.Through analyzing these so-called localization obstacles,the author hopes to pave the way to establish the concept of collusive co-principal offender in our criminal theory.The last chapter discusses the essential conditions of collusive co-principal offender.We need to stand on the objective collusive point to limit the essential conditions.Lastly,the author also makes a list of several puzzles about collusive co-principal offender in practice,The rules of essential conditions need to be further restricted that means we should more rigorously consider collusive content and other elements in order to avoid improper conviction.