A Study Of Surplus Behavior Of Joint Offence

Surplus behavior of joint offence is refering to the part common perpetrator the implementation intentionally to surpass the joint offense intentionally scope in the joint offense entire process one kind of criminality. Objectively, surplus behavior of joint offence is only restricting in"has limited", including does not implement reduced the situation, surplus behavior of joint offence in the joint offense entire process possibly occurs, and it is only restricting in the criminality. Only the part common perpetrator can become one to limit the behavior the main body, otherwise is the accomplice who limits, limited to does not implement the commit, the preparation violates with the help violates may also become has limited the behavior the main body, but organizes to violate becomes with the abettor has implemented the main body which limits. Surplus behavior of joint offence subjectively must surpass together the scope intentionally, its crime only could be intentionally, the error was not its crime form. In the joint offense presents the division of labor under the situation, to recognize surplus behavior of joint offence, not only need pay attention to the situation which implements together violates, but must pay attention to the joint offense to appear organizes the situation which the commit, the abettor and the help violates. Under the crime number's situation, the imagination competes gathers the commit, the result to add the felon, to implicate the commit, the absorption to violate with the transformation violates surplus behavior of joint offence needs to perform to differentiate and to recognize. Based on the freedom of will, the hosts and visitors observe a person's face the uniform principles and the responsibility for an offense are proud the principle theory premise, has limited the commit to limit the behavior to its implementation to undertake the responsibility alone, other have not implemented the common perpetrator who limits the behavior not to need to undertake have limited the responsibility. Surplus behavior of joint offence in the judicial practice appears frequently, but our country's criminal legislation actually does not have the corresponding stipulation, therefore, increases in the penal code surplus behavior of joint offence the related stipulation which limits to be imperative.