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Research On Anticipated Possibility

Posted on:2005-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z LiFull Text:PDF
GTID:2156360125456716Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The theory of anticipated possibility discussed in this article is an important principle of the responsibility for a crime in the continent law system. The theory of anticipated possibility reviews the guilty act on the point of humanity and determines the criminal whether must be response for the crime or not.The author stands on the point of comparative study, focuses on the theories and legality examples in Germany and Japan, and studies these aspects especially. The whole article is divided into six parts.The first chapter is introduction, and the author proposes the aim of this title. There are defaults in nature that using the principle of excluding the social harmfulness to verify the self-defense and emergence act should not response for the act. While anticipated possibility in the theory of Germany, Japan and other continent countries can revolve this default.The second chapter is the theory history of anticipated possibility. The author introduces this theory creation and development in Germany and Japan.The third chapter is the law nature of anticipated possibility .The author introduces some opinions such as non-liability circs, forgiving reality circs, non-condemn circs and the doctrine of regulation rationale in Germany, and the opinion of the circs of anticipated possibility out of norm in Japan. The author probes the reasonability of anticipated possibility on the basis of before comparative study.The fourth chapter is the position of anticipated possibility in criminal theory. The author introduces the fractionation element theory, construct element theory, liability exception element theory and passive element theory. In conclusion, the author grades that the way of anticipated possibility put into responsibility part to resolve the legal liability is reasonable in the criminal theory of Germany and Japan.The fifth chapter is the application of anticipated possibility, including the criterion, the application extent and the mistake of anticipated possibility. About the criterion, the author introduces the behavioror criterion, average criterion and legal criterion. On basisof analysising three criterions, the author thinks we should use behavioror criterion mainly, absorbing average criterion, and handle them nimbly in practice. About the mistake of anticipated possibility, the author thinks there are four types such as passive mistake of fact, passive mistake of law, positive mistake of fact, positive mistake of law, and so on. At last, about the application extent of anticipated possibility, the author suggests accord to present law.The sixth chapter is anticipated possibility and the legislation consummation in our criminal law. The author thinks it is necessary to regulate some typical circs of anticipated possibility in legality and to make its application clear and united. On this basis, the author probes the forgivable emergent act and its construct elements, forgivable self-defense beyond limit and its construct elements and the consummation of special self-defense right.
Keywords/Search Tags:anticipated possibility, legal nature, legal position, limitation in application
PDF Full Text Request
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