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。
2
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.
The author thought that the joint negligence principal offender theory can be established, and the negligence abettor or the negligence assist offender is untenable.