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On Anticipation Possibility

Posted on:2003-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhuangFull Text:PDF
GTID:2156360065956918Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The theory of anticipation possibility, which originated from Germany, is on the basis of the theory of norm culpability. The supporters of this theory ultimately defeated the proponents of the theory of psychology culpability through a 20-year debate, and make this theory become the orthodoxy opinion of culpability theory. According to the theory of anticipation possibility, the possibility of anticipation is one of the elements of the criminal constitution; without this element, acts cannot be convicted. This element, however, still cannot be found in the internal criminal constitution. As a result, there are significant meanings to refer to the theory of anticipation possibility and to absorb the rational opinions, so as to perfect the internal theory of criminal constitution.This paper suggests to refer to the theory of anticipation possibility, and to absorb this concept into the system of internal criminal constitution. This thesis is divided into 5 parts, and about forty-five thousand words.The first part of the paper reviews the development of the theory of anticipation possibility, and introduces the basis of this theory-the theory of norm culpability, and points out advantages of the theory of norm culpability by contrast to the theory of psychology culpability.The second part probes into the connotation of anticipation possibility. There are broad sense and narrow sense of the concept of anticipation possibility. As far as the internal theory of criminal constitution is concerned, the narrow sense is reasonable. Facts elements and values elements are the two important conditions to constitute the elimination of anticipation possibility.The third part of the paper, on the ground of the demerits of the current culpability theory, demonstrates the necessities of the reference of the theory of anticipation possibility. And on the basis of the current criminal jurisprudence and legislation, it demonstrates the possibility of the reference of this theory from the macrocosmic and microcosmic aspects.The forth part primarily probes into the criterion of anticipation possibility, and demonstrates the rationality of the opinion of average criterion. The paper also researches the principles to deal with the mistake of anticipation possibility. At last, it points out that the applicable range of the anticipation possibility includes attempt and negligence offenses.The fifth part puts forward some legislation advice about anticipation possibility and researches the constitution and disposing principles of excusable excessive defense and excusable excessive rescue.
Keywords/Search Tags:Anticipation
PDF Full Text Request
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