A Study On The Theory Of Anticipated Possibility

Originated at the beginning of 20th century, the theory of anticipated possibility in the theory of criminal law possesses a fairly place in many continental countries of law system. It is adopted and accepted in the criminal legislation and judiciary. In china , some scholars of the criminal law started their research in recent years ,but, the study is seldom and most of their opinions are open to the question. In addition, the theory of constitution of crime is in great need of perfection. So, this article studies the theory of anticipated possibility in order to perfect the theory of constitution of crime and criminal legislation and to direct criminal judiciary. The article consists of five parts.Part one. Introduction. This part introduces the research and legislate condition of the theory of anticipated possibility. Then it draws forth theme.Part two. History evolution of the theory anticipated possibility. This part mainly concerns on the implication, production and development of the theory of anticipated possibility. In this way it provides a primary theoretical base for developing of topic.Part three. The theoretical basis of the theory of anticipated possibility. This part points out that the theoretical basis consists of philosophic basis , ethic basis and legal basis. So ,this establish the foundation for part seven.Part four. The position of the theory of anticipated possibility. This part elaborates and reviews the three theories about the position of the theory of anticipated possibility in the criminal system in continental law system. This sets theoretical basis for the analysis of the position of anticipated possibility in our country in part eight.Part five. The scope of application of the theory of anticipated possibility. Based on the analysis of whether the theory can be used beyond law and whether it can be used to the beginning of intentional offense, this part expounds the main theories incontinental countries, the controversy in the theory of our criminal law and the author's standpoint. Then points out the reason that theory can be used to intentional offense and can be used beyond law. In addition .advances suggestion to the revision of our criminal law.Part six. The judging criterion of the theory of anticipated possibility. Based on analysis of the different theories of the judging criterion of the theory of anticipated possibility in theory of continent law system, the controversy in the theory of our criminal law and the author's standpoint, the article points out that what standpoint we should take.Part seven. Meaning of the theory of anticipated possibility for our criminal law. This part makes a detailed analysis of the theoretical .legislative and judiciary meaning of the meaning of the theory of anticipated possibility for our criminal law.Part eight Conclusion. This part summaries the article. It points out that the adjusting and location of the theory of anticipated possibility to the element of the constitution of crime. This theory is of great significance to our criminal legislation and judiciary.