Study On The Surplus Behavior Of Joint Offence

The surplus behavior of joint offence often appear in the judicial practice,However, in China, the meaning of surplus behavior and its criminal responsibility have not been defined specifically in the current Criminal Law, consequently, when the problems of surplus behavior appear, it is ambiguous to identify the surplus behavior and take responsibility, and the same case be given different judgments. This article will discuss the issue of surplus behavior in order to address the above problems, as well as provide some proposals to improve laws. I hope I can try my best to provide some help to solve the surplus behavior problem.This paper consists of three parts and an epilogue. The first part:firstly, I introduce the concept of surplus behavior. Secondly, I further understand and grasp its concept by analyzing the essential characteristics of surplus behavior and comparing with related concepts. Thirdly,I analysis surplus behavior from a theoretical bases by comparing the relationship between surplus behavior and joint offence. The second part, I discuss the surplus behavior problem from the aspects of the judicial determination standard of surplus behavior, the judicial determination of surplus behavior in certain circumstances, and the difference between surplus behavior and joint offence without premeditated, through all those analysis, I hope that I can solve some relevant problems in judicial practice.The third part, I start to study on the responsibilities related to surplus behavior, and then propose some advices on improving laws.