On The Reference To The Theory Of Anticipated Possibility

In different periods of the human history, the natures and contents of criminal liability are not always the same, and theories on the criminal liability kept emerging endlessly, leading to fierce disputes. However, in modern theory of criminal law, theory of criterion liability is the result of the dispute between new and old schools in the science of criminal law, hence becoming the dominant ideology of criminal liability theory in civil law countries. Focused on the anticipated possibility, this theory has a more practical and detailed explanation over the nature of liability, if compared with the theory of psychological liability. However, as the theory of criminal liability in China still stays with the theory of psychological liability today, it's necessary to refer to the basic principles and thoughts of the theory of anticipated possibility to improve the current theory of criminal law in China.Anticipated possibility, in full name, is anticipated possibility of legal act. Some scholars regard it as anticipated impossibility from the other aspect. Originated in Germany, this theory has won the recognition of the theory of criminal law in many countries, and exerted significant influence on contemporary theory and practice of criminal law. Therefore, study of this theory would be helpful for the theory and practice of criminal law in China. However, we were confronted with tons of problems during the study, and the primary one was whether Chinese theory and practice of criminal law required the reference to the anticipated possibility. And then, if the answer was yes for this question, how shall we process such reference to make it well integrated into the theory and practice of criminal law in our nation. In recent years, some scholars of the criminal law made...