Study On The Issue Of Surplus Behavior In Joint Crimes

Common crime, or an accomplice, is a special kind of crime relatively separatecrime. Common crime completed jointly by two or more the accomplice membersjointly plan, mutual division of labor, and easy to complete the separate crime elusiveand significant crime. The accomplice members after the offense was committed,often act in collusion with each other to cover up the fight against public securityorgans of the investigation pursued, easy to escape legal punishment. Is co-organizedcrime, their criminal plans more careful, complete criminal means more complex,dangerous and participate in one of the the accomplice members also stronger abilityto evade investigation. Therefore, common crime is harmful to society is much largerthan a separate crime, which has always been the object of criminal law focus oncombating the criminal law field theoretical research on common crime is gettingmore sophisticated.Behavior over the limit theory is an indispensable part of the theoretical systemof common crime. The so-called acts too limited means the accomplice membersbeyond the case of common crime intentionally. Behavior over limit occurred in theprocess of common crime, the composition of the two features have certainsimilarities, how accurately distinguish behavior over the limit with common crime isa need to study topics of theoretical and practical circles. In recent years, the commoncrime increasing number has been significantly improved over the limit frequency of behavior, to accurately identify the behavior in various cases over the limit and theproper allocation of the corresponding criminal responsibility for criminal law andjustice as well as the balance of crime. Author on the basis of the existing academicachievements and behavior over the limit constitutes standard and its correspondingcriminal liability for thinking, and also made some of his own views and opinions, inorder to be able to play a valuable effect, attract more scholars be concerned aboutthis issue and explore. The chapters of this article is divided into three parts.The first chapter from the point of view of the theory of crime constitutionanalysis of the origins and principles of common crime of criminal responsibility, foraccomplice members assume their crimes fit the criminal liability basis. After, thebasis of a common criminal responsibility for crimes, investigate the behavior overlimit criminal liability incurred or assumed.The second chapter on the theory of criminal law at home and abroad to sort outaware of factions scholars insights about the behavior over limit. Over the limit of theconstituent elements of the behavior from the point of view of criminal law theory tostudy behavior over a limited subject, subjective sin, acts of nature, and theoccurrence of stages described. Moreover, the author in the theoretical study on thebasis of a combination of a number of actual cases, constitute behavior is too limitedand does not constitute acts of over-limit situations are discussed, basic clear theconstituent acts of the standard over-limit, that drive the behavior of theimplementation of too limiting behavior intentional crime is beyond the range ofcommon criminal intention.The third chapter of the special behavior patterns of crime over limit analysis,mainly on the relationship of the of consequential offense, transformed guilty as wellas absorption of offenses related to behavior over limit useful supplement behaviorover limit theory.