The Study On The Anticipatded Possibility Of Criminal Law

Anticipatded possibility theory comes into being in Germany , occupy pretty important position, and manage to admit that and adopt in criminal legislation sum judiciary within a lot of civil law countries and the area corporal punishment theory. Anticipatded possibility as standard responsibility core key element the possibility concept, has already exceeded competing of school , has gained whose position for public property. Anticipatded possibility theory already becomes our country corporal punishment in recent years is hit by a important problem.Broad sense anticipatded possibility has the broad sense sum narrow sense to grow a concept liang , go ahead, to criminal act people , the behavior people observes a finger from being put into effect owing all internal , external when behavior circumstance , expecting not to put that behavior into practice but putting law behavior other suitable into practice is possible condition. But the narrow sense concept points to the actual state of affairs knowing the above-mentioned inside, when secondary behavior all around external circumstance observation, expecting not to put illegal activities into practice but putting law behavior other suitable into practice is possible condition. The main body of a book concept admitting a narrow sense. Scholar points at issue anticipatded possibility theory position is always Germany , Japan corporal punishment, standard responsibility hinders in terms of substituting mentality responsibility commenting on the day afer tomorrow , having an active negligence, to compose a key element saying mainly , composing the quarrel with third responsibility key element of capacity for duties , intent or fault juxtaposition but responsibility origin of an incident says. Because of corporal punishment of our country theory is to lead into from Soviet Union, therefore have not touched upon anticipatded possibility together, but at present coupled dyadic our country committing a crime composes system and anticipatded possibility does not fit. Society transforms if our country of period leading into the anticipatded possibility theory, many are difficult to reality, dispute law case may make convincing expounding , modest being helpful to protruding obvious our country corporal punishment restrains nature and restraint country penalty right , this meeting certainly leads to our country commit a crime composing theory system weight structure. Anticipatded possibility nothingness , the responsibility being that hinder one kind of standard inner but the origin of an incident, is confined to still only after all belong to one kind of the responsibility surpassing law and regulation is hindered but the origin of an incident, Germany theory in the past thinks , is short of the origin of an incident anticipatded possibility is provisions of the criminal law hindering but responsibility; Doctrine thinks that insufficiency hinders anticipatded possibility is the same surpassing law and regulation responsibility with this contrary , Japanese leading to but the origin of an incident. Theory is to be that practice serves, if actual judicial practice can apply anticipatded possibility to carry out the rational attitude judging , being able to yet be regarded as one kind coming possibility.