Research On Surplus Behavior Of Joint Offence

Joint crime is the chapter of "desperate" in the field of criminal jurisprudence, and this field has always been the focus of academic debate. However, the theory of surplus behavior of joint crime in our country is not mature.This article is divided into four chapters, and the main content is as follows:The first chapter:taken the concept of limit analysis. To implement the existing limit, for perfecting the concept of the term of "surplus behavior" of joint crime has been widely used for the theoretical circle and academia, and this concept could show that the main body of the crime form elements and the objective behavior characteristics, thus "surplus behavior" of joint crime is the name of the crime form a reasonable term.The second chapter:implement the limit analysis of the essence. Based on the legislation and cases of these relevant countries, this paper summarizes the rules of in-depth analysis to the limit of nature and its structure, in clear to limit should be in the position in criminal law theory system of a part belongs to the joint crime. Through the criminal responsibility shall be adopted personal responsibility principle.The third chapter:taken the combing of limit criterion. Due to the joint crime theory system in our country stand that joint crime is established under the guidance in the common crime to crime, subjective connection is the precondition of joint crime, and compared with objective criteria, subjective standard could be better able to maintain integrity and unity of accomplice in our criminal law theory.The fourth chapter:advocacy of beyond the standard in the common crime, and further to implement a detailed investigation on the subjective characteristic. The decision should be made in accordance with specific conditions. The criteria to judge to improvise "destroy evidence" should be considered that the harm of "destroy evidence" behavior should be consist with the harm of joint crime.