The Study Of The Determination Of Surplus Behavior In Abetting Crime

Joint crime has always been the area where difficult problems in the criminal law gather.Among them,the abetting crime has a certain particularity due to its own characteristics.In order to achieve their own criminal purposes,the abettor often uses various methods to induce or strengthen the criminal intent of others.I do not personally participate in the actual crime.It is precisely because of this characteristic of the instigator that the instigated person may misunderstand the content of the instigation,have intentions other than intentional instigation,and change objective conditions.Behaviors that are inconsistent with the instigator’s instigation,leading to different results,at this time may be the establishment of an over-limit.The implementation of over-limitation aims to solve the problem of the distribution of criminal responsibility in joint crimes.In abetting crimes,how to accurately determine the problem will have an important impact on the responsibility of each accomplice.The current criminal law cannot find relevant provisions for the implementation of over-limitation.Existing theories also have many disputes on the issue of over-limitation.The research on the issue of over-limitation determination in abetting crime has greater theoretical value and practical significance.Based on the existing theories,this paper provides a clear definition of the limits of instigation crimes,analyzes its composition,clarifies the situation,and analyzes the existing theories,learns from each other’s strengths,and tentatively puts forward the limits of instigation crimes.The principles and specific identification paths that should be followed to identify problems,and their feasibility will be tested through cases in judicial practice.This article is mainly divided into four parts.The first part is the question put forward part.This part puts forward the issues to be studied in this article through four judicial practice cases,and explains that in the actual situation,the courts have problems in the process of determining the over-limitation in the instigation crime.The objective causal relationship is vaguely defined and the subjective instigation intentional definition is not accurate,which makes it difficult to solve the problem of over-limit determination;The second part is the theoretical foundation part.This part introduces the theoretical controversy on the concept,composition,and main circumstances of the implementation of over-limitation in abetting crimes,and puts forward our own understanding of these issues,and lays a theoretical foundation for the subsequent resolution of the issue of over-limitation determination.Based on the explanation of the aforementioned theoretical disputes,this article gives a definition of the over-limitation in the instigation crime,that is,it refers to the instigator’s joint crime,some of the accomplices deliberately or negligently carried out actions beyond the scope of the instigation intention,A form of crime that abettor does not bear criminal responsibility for the behavior,which is independent of the joint crime.It consists of basic behaviors and over-limiting behaviors,which mainly include non-coincidence over-limiting and overlapping over-limiting situations.Coincidence over-limiting also includes over-limiting in partial overlap of crimes,over-limiting in conversion crimes,and aggravating as a result of crimes.The over-limitation,the over-limitation in imaginary joint criminals;The third part is the evaluation and analysis of existing theories.Introduce and analyze existing related theories,clarify their merits and problems that need to be solved,and conclude that using only one theory to solve problems may be insufficient,and it requires comprehensive application of multiple theories to complement each other;The fourth part is the principles and specific methods of over-limit determination in abetting crimes.This part mainly explores the solution to the problem of over-recognition in abet crimes,proposes that the solution of this problem should follow the principle of unity of subjective and objective and self-sufficient responsibility,and tentatively proposes specific methods of determination.From the objective level,judge whether the causal relationship is based on the logical relationship between the behavior to be judged and the basic behavior,so as to determine whether the instigator is objectively liable;from the subjective level,it is based on the intention of exceeding the instigation,combined with unforeseen Speaking of judging the subjective responsibility of the instigator,firstly,the content of the instigator’s instigation should be clarified;secondly,the instigator’s instigator’s intentions should be initially determined based on the facts of the specific case,and again according to the knowledge of the general public,whether the instigator has foreseen the "excessive behavior",and finally On the basis of making sure that the instigator has foreseen the "excessive behavior",it is carefully judged whether there is any intention,and the feasibility of the determination method is tested in this part in conjunction with the examples proposed in the first part.