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Case Analysis of Accessory Offenders and Surplus Behavior

Author: LiXuYan
Tutor: LiuZhiJian
School: Lanzhou University
Course: Legal
Keywords: joint crime exceed the limit behavior accessory criminal liability
CLC: D924.1
Type: Master's thesis
Year: 2012
Downloads: 73
Quote: 0
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Abstract


Joint crime is a common form in judicial practice, and it is also a subjective project in theory study. As one type of joint crime, accessory gives the spiritual and financial help in support of the committing of executor’s criminality. But if an executor implements the criminal behavior beyond the intention of joint crime, and commits other crimes, now whether this criminal behavior can be regarded as surplus behavior and how the helper bears criminal liability has been one of the difficulties in judicial practice. According to the author’s personal working experience in criminal justice for twenty years and combining with specific cases, this thesis analyzes the responsibility of the accessory’s surplus behavior by comparing the domestic and international theories on this subject/(the surplus behavior and accessory)This thesis first introduces the various opinions on exceeding the limit behavior and accessory, by comparing and analyzing, the author considers the substantial transformation rules and the nature-possible outcomes rules are more reasonable and easier to operate in judicial practice. Then, the author analyzes the judging standards of the surplus behavior and accessory. The author thinks that on identifying the surplus behavior should be hold the judging standards which combined the substantial transformation rules and the nature-possible outcomes rules, starting with subjective methods and also taking account of objective aspects by which could ensure the correct identification of the surplus behavior. On identifying the accessory should combine the establishing conditions and representing forms. Last, the author comprehensively reviews the responsibility of the accessory’s surplus behavior. She thinks that according to the substantial transformation rules and the nature-possible outcomes rules, only when the accessory couldn’t foreknow the executor’s surplus implementation will he respond to the executor’s surplus behavior, other then he should be regarded as an accomplice and bears respective criminal liability.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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