A Study On The Theory Of Anticipated Possibility

The theory of anticipated possibility as the core of the theory of the normative culpability is the theory of main current criminal culpability in the Continent's law system, especially in Germany and Japan. The exponents of this theory ultimately defeated the supporters of the theory of psychological culpability through a twenty-year's debate. Their arguments make this theory become an orthodoxy opinion of the culpability theory. It has been already pervaded in the law system of the continental countries after World Warâ…¡. This thesis will tend to analyse and illustrate this theory from the various perspectives and wish to arouse the public attention to the theory of criminal culpability.This thesis is composed of five parts.Part One: the Theoretical Basis of the Theory of Anticipated Possibility. It indicates that the basis of this theory includes philosophy, ethic and law. This part establishes the foundation of part seven.Part Two: The Concept's Analysis of the Anticipated Possibility. This part will study the concept of the anticipated possibility both in the continental law system and the criminal law in china. In the Continent law system, it refers to a possibility of a person without executing the illegal behaviour, but with practicing legal behaviour from his or her interior and exterior situations; in the China, it refers to a possibility in which a person does not put into effect the criminal behaviour according to the exterior situation.Part Three: the Theory of Anticipated Possibility and the Principle of a Legally Prescribed Punishment for a Specified Crime. This part will detect and argue from the values of criminal law, the developing track of the theory of a legally prescribed punishment for a specified crime and the restrictive function of criminal law that the...