We should judge relation about abettor and the surplus behavior of perpetrator in joint offence refers on the basis of different conditions.

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。

As for the abettor, only there is any overlapping between the abettor and the person who accepts the instigation, could it be judged as the attempted instigation.

对于教唆犯，只有当被教唆的人所实施的犯罪与教唆犯所教唆的犯罪完全没有重合性质时，才能认定为教唆未遂。

The author thought that the joint negligence principal offender theory can be established, and the negligence abettor or the negligence assist offender is untenable.

笔者认为共同过失犯罪的成立范围仅限于过失共同正犯，而过失的教唆犯、帮助犯均不成立。

To determine whether an organization criminal with a different division, an executive criminal, an abettor or an accessary is an accomplice or an executive beyond the limit, …

认定分工不同的组织犯、实行犯、教唆犯、帮助犯是共犯还是实行过限，应把握共同谋议的内容是否明确。