Abetting Crime Practiced Limited Judicial Cognizance

Surplus behavior has always been a difficult problem in the theory of joint crime incriminal law. in the real environment, it often accompany abetting crime. Thecomplexity caused by a combination of surplus behavior and abetting crime brings tothe criminal law scholars and judicial workers unprecedented problems and challenges.The existing theories fail to meet the needs of practice leads to the phenomenon of“treat the same case differently” happen frequently. It is important to find a accurate,clear, logical recognition method for criminal law theory and judicial practice.In orderto solve this problem,I will conduct a study around to identification of surplus behaviorand responsibility in abetting crime by combine with related cases and theoreticalknowledge. Demonstrating the structure of surplus behavior, the principle ofidentification, the identification of specific situation and conviction and sentencing.Finally i will draw lessons from foreign legislative experience,then put forward theimproved proposals. I hope to clarify the rule between abetting crime and surplusbehavior to help judicial practice.