Surplus Behavior Of Joint Offence

Abstract: In the event of joint intentional offense committed by two or more persons, each joint offender has its very different role, some are organizing offenders, some are abettors, some are perpetrators and some are aiders. Therefore, in the course of judicial practice, there exist the cases that one's behavior would exceed the scope of joint offence intention, which is defined in the theory of criminal law as surplus behavior of offence (hereinafter referred to as "surplus behavior"). In consideration of the fact that the meaning of surplus behavior of joint offence and its criminal responsibility has not been defined specifically in the current criminal law of China, there exist some disputes in the judicial practice with regard to joint offence. The author provides, based on the basic standards for surplus behavior existing in the field of the theory of criminal law and in consideration of the judicial practice, his/her opinions on the definition of surplus behavior and its limits in five parts as follows: Partâ… : Foreword. It briefly introduces the dispute with respect to surplus behavior existing in the course of judicial practice. The author gives the opinion in this Part that subjective intentions of human beings should, based on the stipulations regarding the relationship between the principal and joint offenders prescribed by Criminal Law of China,be duly analyzed by the person' s objective behavior for the purpose to confirm the surplus behavior of offence on an accurate basis. It is the basis for the successive paragraphs.Partâ…¡: The Concept, Legislation, Reform and Constitutions of Surplus Behavior of Joint Offence.Firstly, it presents the concept of surplus behavior of joint offence. Secondly, it briefly introduces the regulations with respect to surplus behavior of joint offence and its settlement principles prescribed by Chinese Tang Dynasty Code, British Criminal Law and Rumania Criminal Law. Thirdly, it illustrates the following concepts that the requisites to constitute a surplus behavior of joint offence shall include: the perpetration subject who shall be limited to part of the joint offenders; the surplus behavior which shall be an act independent from the joint offence; the subjective intention which shall exceeds the scope of joint offence intention; and the constitution of surplus behavior shall include: basic constitutions that both the joint offence act and the surplus behavior are accomplished offence and other constitutions that either the joint offence act or the surplus behavior is the attempt offence or offence discontinuance.Partâ…¢: Study on the Definition of Surplus Behavior of Joint Offence Firstly, the precondition and standards to the definition of surplus behavior are presented. Secondly, it goes into respective discussions on the joint offence that is carried out by the offenders jointly and the joint offence that is not carried out jointly. And finally, the opinions on the definition of the surplus behavior for various offence forms are given, e. g. surplus behavior of brief intentional joint offence, surplus behavior of joint offence intention change, surplus behavior of imaginative jointer of offense, surplus behavior of implicated offender, surplus behavior of absorptive offender, surplus behavior of combinative offender, surplus behavior of impulsive joint offense, surplus behavior and joint offence that is conspired by part of the joint offenders but has not been carried out.Partâ…£: Analysis on the Definition Scope of Surplus Behavior of Joint Offence The basic principle to the surplus behavior of joint offence is that the executor shall take its own responsibility. In this case, it is necessary to distinguish the limit between the surplus behavior and other offence forms, which shall be analyzed mainly from the difference between the simultaneous offenders, successive offenders, and offence of different types that is carried out by two or more persons with no same contents, indirect accomplice and implicated offenders.Partâ…¤: Conclusion...