Discussion On Application Of The Principle Of Entire Responsibility For Part Perpetration In Surplus Behavior Of Joint Crime

The principle of Entire Responsibility for Part Perpetration applied in jointcrime is derived from the theory of Japanese scholars’ theory, which is based on thetheory of objective joint act. The principle says that as long as someone performs partof the joint crime, he will be responsible for the joint crime and the result or statusbrought about by the joint crime. The principle is reasonable because of joint intent、the causality and the inalienability of responsibility. However, this principle hascertain defects, because it doesn’t match the principle of individual responsibilitycompletely. So we need to seek a reasonable way under the precondition of exploringthe nature of joint crime.The principle of Entire Responsibility for Part Perpetration can be applied notonly in the joint crime, but also the surplus behavior which cannot be identified asjoint crime, because the surplus behavior is within the scope of collusion range. Thetheory of collusion range is that only when the act which results in final harmful resultor dangerous status is within the scope of collusion range, the actor will take thecriminal responsibility. We need to consider objective factors and subjective factors.Within the scope of collusion range includes two kinds: Crime belongs to the joint intent and under the influence of collusion. The first one should be identified as jointcrime which should apply the principle of Entire Responsibility for Part Perpetration,and the second one is surplus behavior which should apply the principle of EntireResponsibility for Part Perpetration. That is to say, if the surplus behavior of jointcrime is within the scope of collusion range, the behavior can apply the principle ofEntire Responsibility for Part Perpetration. If not, cannot apply. In application of theprinciple, the difference is: In joint crime, all the offenders should be responsible forthe harmful result or the dangerous status, both in crime and punishment; in thesurplus behavior, others of previous joint crime can be added punishment in terms ofthe harmful results or dangerous status caused by surplus behavior. Whether apply theprinciple or not is judged by the standard that whether the surplus behavior is withinthe scope of collusion range or not. Because the principle and the theory of collusionrange have the same theoretical basis——the theory of objective joint act.Surplus behavior of joint crime is the behavior that one or more actors in jointcrime perform some criminal behaviors out of joint intent deliberately or by mistake,which can be distinguished as surplus behavior between the joint perpetrators, surplusbehavior to instigator, surplus behavior to helper and surplus behavior to organizer.The traditional criminal theory thinks the following three theories as the standard tojudge the application of the principle or not——with or without causality、beyond thescope of foresee or not、beyond the scope of collusion or not. Each theory has itslimitations. Under the precondition of overcoming the limitations and consideringsubjective and objective factors, I think about that if the collusion range can be thestandard. After distinguishing all kinds of surplus behaviors, how to apply in eachsituation, we should analyze specifically in terms of specific cases.