On The Issue Of Surplus Behavior In Joint Crimes

Joint crime is a difficult problem in criminal law,covering many content branches,in which the implementation of the problem is more than two common crimes in a special case.However,there have been many scholars on the issue of the study,but did not form a sound theoretical system,still floating on the surface,not mature enough,and the common crime of the criminal law theory of the implementation of the problem is still not in-depth study,The lack of theoretical research and the lack of legislation make the determination of the limited problem in judicial practice is not clear and controversial.It can be said that both in terms of theory and judicial practice,the implementation of the limits have great research value,but also has significant practical significance.On the basis of the existing theory,this paper tries to understand and analyze the related problems by analyzing and discussing the related problems in the common crime,Connotation and recognition,from which to recognize our country in this field of research and development prospects,with a view to express their views,to throw out a minnow to catch a whale.This article can be divided into five parts except the conclusion.The first part of the introduction to the significance of the implementation of the problem and the status quo of our research as a starting point,expounded in the source of this paper and research value,at the same time outline the research methods of this article,through the multi-dimensional perspective to build the framework of the article.The second part briefly introduces the case of ZhuGuangyin's deliberate injury case.Through the induction and combing of the case,this paper puts forward the focus of this article and tries to explain it.The third part,through the above discussion of the case of ZhuGuangyin,leads to an overview of the implementation of the problem.First of all,this part of the concept of the implementation of the limits of the analysis of the current domestic and foreign theoretical research on the implementation of the definition of the concept of limited,and to extract some of the basic problems on the basis of this article on the implementation of the meaning of the point of view And the proposition;Secondly,in view of the fact that the limit is limited to the special form of the joint crime,the trait and the general common crime are different,so from the subject,the subjective and theobjective three aspects,analyze and discuss the implementation of the limitation of the composition characteristics.By the implementation of the concept and characteristics of the system of finishing,in theory for the implementation of the common crime in the limit to provide a more accurate basis for judging.The fourth part is the realization of the over limit in the joint crime.The theory used in the practice of the end goal,this part first discusses the focus of the case,namely the instigator in determining the excessive crime,discusses the problems of the existing theories,focuses on the abettor,unforeseen and abetting type distinction between three kinds of mainstream theories.And with a small see large,combined with the previously mentioned,extending the analysis of common crime in the practiced limits identified,and discuss how to implement a limited criminal liability for judicial practice,practice over limit case boundaries to provide a relatively clear division.The fifth part is based on the above theoretical research,look at the judicial practice,to explore the implementation of the law of the law perfect.This part summarizes the current situation of the legislation on the common crime in foreign countries,and then on the shortcomings of our country's criminal law legislation,and how to learn from it,make the criminal law system matures,put forward the implementation of the jurisdiction of the judicial Perfect concept,aimed at China's criminal law research and judicial practice to increase brick tiles,to make their own a modest effort.