我国实行犯过度行为理论的构建与适用

On Surplus Behavior of Perpetrator in Joint Offence

组织犯对于实行犯超出共同犯罪计划的犯罪行为“能够预见”的,就应当对这些行为承担刑事责任。共同实行犯中有人实施了超出共谋范围的罪行,如果其他实行犯当时不在场仅事后对这种行为予以认可,其他实行犯不应对该罪行承担刑事责任;如果其他实行犯在场但未采取任何阻止行动,其他实行犯是否应负刑事责任则要具体分析。认定教唆犯与实行犯过度行为的关系时,应当根据不同情况加以判断。

If the organizing offenders are able to foresee the crimes acted by perpetrator and beyond joint intention of joint criminal,he should bear criminal responsibility for these crimes.On the condition of a person of joint perpetrators having acted the crimes beyond joint intention of joint criminal,If the other joint perpetrators are not in the scene,only recognize the crimes,he should not bear criminal responsibility for these crimes;If the other joint perpetrators are in the scene,but have not taken action to deter,he is likely to bear criminal responsibility for these crimes.We should judge relation about abettor and the surplus behavior of perpetrator in joint offence refers on the basis of different conditions.