A Research Of The Excessive Crime

The excessive crime is a question that derive from joint offence. In joint offence, it's individual phenomenon that later committed crime and the crime that complicity originally wanted go all the way. Contrarily, more or less inconsistencies are the ordinary circumstances. In this way, a question produced, should the complicity who arose inconsistencies is solely responsible for such consequences, or, should all complicity are responsible for it? This is the issue that the theory of the excessive crime to research and resolve. As mentioned phenomenon is widespread, therefore the earlier issue is also widespread. Nevertheless, there are very few words focused on this realm in criminal academic circle. Most of the books mention slightly instead of treat seriously. Papers devoted to the introduction of the excessive crime are very few. The condition that the excessive crime is neglected does't match the importance of it. This paper reveals theoretical foundations of the excessive crime; grope for the existent significance of the the excessive crime; discussed established conditions of the excessive crime from many angles, proposed own viewpoints in certain aspects, for example, I think that the excessive crime is not restricted in appears in the process of implementing a joint offence, the excessive act is not restricted to the criminal act, the meanings of the excess is merely refer to exceed, not include deficiency, the excessive act is not include negligent act, etc; During the approval of disposing principle of general viewpoint to the excessive crime, point out several questions that must pay attention to during the disposing the excessive crime; As difficult focus on the identification of the excessive crime, so the next content discriminate several special circumstances that within and outside the excessive crime, especially discuss the situation that other accomplice not only present but also knows the circumstances of the matter whether belongs to the excessive crime; Finally, discussed some questions that related to the excessive crime, some of these questions are about the relations between the excessive crime and other criminal law theories, some are closely related to cognizance of the excessive crime. By exploring these issues, may deepen our understanding to the excessive crime.