The Implementation Of The Limit Problem Study

In our country the criminal law has not article about surplus behavior of joint offence, but it has massive existence in the judicial practice. Define the surplus behavior correctly is important to determine guilty and investigate criminal responsibility. Comparing with the problem that arise in the practice of the surplus behavior the theoretical is lagging behind. This paper attempt study the surplus behavior and hope to implement some way to the development of the theory.The body consists four parts except introduction:The first part: the concept and characteristic of the surplus behavior. First, the author carry on analysis to a few kinds concept of the surplus behavior which have a representative, then puts towards the author's concept; Secondly, the author analyze three characteristics of the surplus behavior. It is the crimes that practice the surplus behavior ;the judge standard of the surplus behavior is whether the behavior of criminals who implemented has gone beyond the common; the behavior has already constituted a crime. Lastly differentiating and analyzing to the surplus behavior with the false differentiation in the joint offence.The second part: the type of the surplus behavior. Surplus behavior can be classified four kinds according to crime intention of joint offenders. That four kinds is named surplus behavior of exceeding the crime intention of the organizing offenders, surplus behavior of exceeding the crime intention of the practicing criminal, surplus behavior of exceeding the crime intention of abettors and surplus behavior of exceeding the crime intention of the helping offenders. The author analyzed subjective condition and objective condition of all kinds of offenders and the joint offence, then study surplus behavior of the joint offence.The third part: surplus behavior in the special situation. In this part, the author elaborated the surplus behavior in the special situation such as consequence-aggravated crime, transformed crime, and concurrent crime in the process of joint offence.The fourth part: criminal responsibility of surplus behavior. Studying on surplus behavior mainly resolve the criminal responsibility of joint offenders and the behavior. The author elaborated the basis of pertaining to criminal responsibility firstly, then enumerated and commented on the criminal law of foreign country. The author considered that the practicing criminal should undertake the criminal responsibility. This part also advised revising articles about joint offender in our criminal law.