教唆犯在实行过限中的刑事责任认定简

实行过限是伴随共同犯罪的发生而出现的一种特殊犯罪形态.根据过限的范围,—般可分为质的过限、量的过限和转化的过限.目前学界在教唆犯实行过限的认定上提出了超出教唆故意说、未预见说和教唆类型区分说,以其中任何一种学说作为认定过限的唯一标准并不可取.认定教唆犯才在实行过限中的刑事责任应根据主客观相一致的原理,以超出教唆故意说为基本原则,综合运用未预见说和教唆类型区分说予以应对教唆犯罪中实行过限的各种复杂情形.

Identification of Criminal Responsibility of Instigator in Over-limit of Common Crime

Over-limit of common crime is one of especial patterns of crime with the happening of common crime. Over-limit of common crime, in according to its range, can be divided into three kinds of over-limit in quality, amount, and transformation of the crime. At present, there are such three theories about the identification of over-limit of common crime in subornation as abetting intention say, unforeseen say and abetting distinguished say. It is undesirable to make any theory mentioned above as the only standard. In order to various complex situations in over-limit of common crime, we should obey the principle of consistency subjective and objective on the basis of abetting intention say, integrated applying with the unforeseen abetting intention distinguished say. intention deal with between say and