Research On The Theory Of Anticipated Possibility In The Criminal Law

The theory of criminal responsibility has undergone various forms in different historic periods such as the theory of morality liability, society liability, mentality liability, norm liability and so on. Among them, the theory of norm liability is dominant and prevalent in the criminal law research field of continental legal system.No one can deny that the theory of anticipated possibility is the key element of norm liability, which originated from Germany and then was introduced into many other continental countries. There are different standpoints on the theory of anticipated possibility. The broad concept holds that it is decided by both the inside habits and the outside factors. While the confined notion suggests that only the outside factors signify. The author prefers the former one.On the criterion of anticipated possibility, many theories have been put forward which can be divided into the doctrines of legal criterion, behavioror criterion and average criterion. Every doctrine has its own advantages and disadvantages. The author appreciates the average criterion because it can reflect the assorted throng and their social trait and can be used to explain the being and degree of the possibility. The status of anticipated possibility can be categorized into two types: the criminal or non-criminal status and the aggravating or lightening responsibility status.Apart from all of the above arguments, the author also places much focus and emphasis on the underlying values, historic origin and evolution, inner structure,legislative situation and judicial application, cooperation with other basic criminal principles.At last, the author expresses his steadfast support for the theory of anticipated possibility and suggests that the theory is helpful to realize the criminal responsibility and combine the criminal law science with judicial practice.