A Study On Surplus Behavior Of Joint Offense

The joint offence is popular with its complexity, some scholars even call it"maze". Its complexity manifests not only in the intricacy of the academic doctrines,but also in the conclusions of judicial practice. A tiny mistake may cause a hugedifference. There is a circumstance occurring in the joint offence, which is hard to beidentified: in a joint crime, some accomplices had done something which was notincluded in this crime. Then how to identify this behavior and who is responsible forthis become to a troublesome problem. This is the point that surplus behavior of jointoffence needs to solve. This theory focuses on the distribution of criminalresponsibility.Surplus behavior of joint offence is very special and different with joint offenceand individual crime, it is a combination of joint and individual crime bases on thejoint crime. How to identify the surplus behavior is very crucial for convicting,sentencing and ascertaining the criminal liability. Our criminal laws don’t involve theprovisions of surplus behavior, relevant studies are too little to explain this theory.That brings the argues and puzzles to judicial practice. Therefore, this article tries toexplain the surplus behavior of joint offence by the way of raising definition andidentified standard.The chapter one is about the relevant theory of surplus behavior definition, itbegins with the introduction of ancient and foreign laws on surplus behavior, thenauthor concludes the definition and characters by analyzing related concepts. It is thequalitative Analysis for this theory. The chapter two shows the doctrines of identified standard, author puts forwardidentified standard by issuing different theories. To recognize a surplus behaviorneeds to consider two aspects: one is “beyond the joint criminal intention”, the otheris "foreseeable or not".The chapter three analyses the identified standards for different kinds of jointoffenders. Part two has already demonstrated the general standard of surplus behavior,therefore this part is going to recognize the surplus behavior in different kinds of jointoffenders by using the general standard. It is detailed-oriented andnonrepresentational for the general standard.The chapter four discusses how to identify the surplus behavior in three specialkinds of crimes. Aggregated consequential offense, transforming crime andimaginative joinder of offenses, they do have their own character because of theregulated provisions, it is the dilemma to identify the surplus behavior in this threecrimes. That will bring the huge benefit for judicial practice by identifying surplusbehavior correctly.