On The Amount Accomplice Practice Limit

Surplus behavior is practiced in joint crime occurs during a special crime, refers to"committed to implement the implementation of a common criminal intent beyond the act of crime", the other co-perpetrators of the act does not exist subjective fault, so the surplus acts of the criminal liability by carrying out the act alone to bear. Amount committed is referred to"the amount of legal crime accomplishment standard or sentencing factors as a crime type". For the amount of complicity practiced under the limit, due to the amount of crime itself particularity makes its intentional crime also has the particularity, so that the class implements became the difficult roblems in the practice of criminal justice.Besides the preface is divided into five sections in addition, a total of about 18000 words:The first part is the typical case. Firstly, six typical cases are cited, and then explain the difference between each case and the typical case of whether the defendant constitutes a surplus exists controversy over the implementation of the focus.The second part is the amount of crime and implements the basic category. First volume commit of the theory analysis, the amount of summed up what is clearly the amount of committed offenders and the results can be divided into explicit results of crime of amount and behavior of crime of amount. Then summed up the common crime practiced the concept of limits, characteristics, and compositions, also on the crime type of criminal intent were analyzed.The third part is the amount of accomplice practiced limit judicial cognizance. Amount to an accomplice on the next course and must be practiced there certainly is a logical limit, the accomplice to know content not clear several intentional crime analysis, summed up the limited amount of complicity practiced can be divided into different types of practice had limit, the same practice over limit and associated practice over limit. According to the three different amount of accomplice practiced limit type specific standards, mainly to the original conspiracy for intentional crime scope clear degree, other accomplice to limit the temporary behavior is informed, if clear opposition or offering help, whether to impeach and other factors to integrated to judge whether or not there is a comprehensive practiced limit.The fourth part is the amount of accomplice implements criminal responsibility. According to the criminal law responsibility conceited principle, analysis of the limit behavior of the criminal responsibility shall be implemented by the behavior of the single assumption of the theory, and on this basis, according to the amount of complicity in practice over limit of different types, the limit and the other inmates in different practice over limit types shall bear the criminal responsibility.The fifth part is the conclusion of the study. This paper summarized the amount of accomplice practiced limit types and recognized standards and the corresponding commitment to the theory of criminal liability started with the six typical case analysis concluded, making a reasonable solution to the dispute.