实行过限的判定标准研究

The study about judging standard of the crime exceeds the limit.

实行过限是共同犯罪中实行犯实施了超出共同犯罪故意的行为。实行过限行为在实践中比较常见,这直接涉及共犯的刑事责任认定问题。通过探讨实行过限的判定标准,可以认为实行过限的判定标准是通过实质现象判断实行犯实施的行为是否超出了共同故意的内容。

The crime exceeds the limit is that the persons, in the complicity, who have implemented beyond the behavior on purpose of complicity. It is more common in practice to exceed the limit behavior, this criminal responsibility of involving the accomplice directly asserts the question, through probing into the judging standard of exceeding the limit, We can think that the judging standard of exceeding the limit is to judge through the essence phenomenon whether the behavior of criminals who implemented has gone beyond the common content on purpose of the limit.