A Study On The Issue Of Surplus Behavior Of Joint Offence

The surplus behavior of joint offence are derived from joint crime a problem. In the fieldof criminal jurisprudence research, surplus behavior of joint is a very challenging topic, it notonly belongs to one of the problems of joint crime in theory, is also a problem in the judicialpractice. Because the limit of occurred in the process of joint crime, the limits of the oftenvague and criminal responsibility distribution is in a dilemma. Therefore, the study of surplusbehavior of joint problem is of great theoretical and practical significance.Relative to surplus behavior of joint problem of the importance of its theoretical study islagging, domestic and foreign criminal law theoretical circle system with limited words isvery few, and there is a divergence of views and opposites. China’s criminal law did not makeclear a regulation, of how to enforce a limit in the current criminal law educational world theresearch to this problem is less, theoretical research is not thorough, it gives the accuratedetermination of practice, with limited and reasonable allocation of criminal responsibilitycaused great obstacles. Accurately defined by limited, therefore, to master the standard ofplay for correct conviction sentencing has great practical significance. The author attempts tobased on the existing research results, to implement the related issues as a comb, and putforward some own shallow view, the effect of hope can sprang out, in order to more people topay attention to this problem and discussion.This paper will be divided into four parts except conclusion.The first part is the introduction. First from the macroscopic and microscopic twoaspects discusses the selected topic background and significance, and second, respectively,this paper summarizes the research status about surplus behavior of joint problem both athome and abroad, and by comparing the foreign research points out the deficiency ofdomestic research.The second part is the summary of taken the basic theory of limit. First through theanalysis of the nature of surplus behavior of joint and the character of surplus behavior takenthe concept of limit is given; And then analyzes the theoretical foundation and surplusbehavior of joint in the location in the system of criminal law, think a limit and an accomplice mistake has essential difference, with limited is one of joint crime is established and theprisoners how to take responsibility.The third part is taken the form of limited features. With Surplus behavior of jointoffence is a kind of special circumstances occur in the joint crime, is a kind of crime, so thispart from the aspects of objective, subject and subjective three demonstrates the taken theform of limited, as the limit of practice have been determined to provide the theoreticalcriteria.The fourth part is identification of Surplus behavior of joint offence. First of all, theauthor analyses the existing identification theory. Second for different cases in the judicialpractice to limit the specific targeted analyzed and expounded. Combined with a variety ofdifferent nature of the crime and the characteristic, the concrete fact, committing illustrates,fagin, help such as crime, organization crime under different types of accomplice criminaltaken the accurate recognition of limit, especially to implement the limit of joint perpetratorsof the focus, this paper emphasizes in other inmates knowing that he is implementing beyondcommon stratagem of behavior but not participate in or stop the cases should be based on“obligation violation” to determine whether to play.