Study on the Functional Orientation of Malicious Collusion

Abstract

The malicious collusion system has a long history, but there are still many issues. What is the status and role of the functional location of malicious collusion? One of the most controversial issues is what is the relationship between the malicious collusion system and the system of public order and good morals? The ambiguous function definition makes malicious collusion not only abused in the judgment, but also appear the gray area where it is mixed with other systems, or applied simultaneously. Therefore, clarifying its functional orientation will help to define the functions of malicious collusion, address the issue of validity defects effectively and avoid confusion in the application. It is of great significance to rationalize the logic of laws and regulations and to promote the judicial practice.