The Discussion On Introducing The Theory Of Anticipated Possibility By Criminal Law In China

This article utilizes the theory and the practice unifies, the history and logic unify, the real diagnosis analysis and the standard analysis unifies and so on the method, inquires the related theory knowledge through on the books and the net, collects media and so on TV newspaper to correlation case way consult materials and so on report to try hard to prove the theory of anticipated possibility the scientific nature and the rationality which our country use this theory, and to a certain extent makes certain elaboration to it to our country criminal law influence. This article primary coverage has such several parts: First, the basic content and the historical development of the anticipated possibility theory. Two, to appraise and consummate the anticipated possibility theory in our country criminal law. Three, the basis which our country criminal law should establish the anticipated possibility. Four, the deficiency and the problem in the anticipated possibility in our country. Five, reasonably using the anticipated possibility theory further consummates our country criminal law. Through this article proof, anticipated possibility theory has the survival development soil completely in our country, also has the rationale, also has the practice foundation, and may expect populace's acceptance, therefore, I myself believed, anticipated possibility theory may be established in our country, and gradually improves, causes it to have the impetus function to our country's legislative work. this article elaborates this theory establishment basis, from multiple perspectives of philosophy, psychology, legal science and so on ,and the psychology content joined caused this theory to have the scientific nature, because it caused the law even more to pay attention to the human, thus caused normal good method to depend on near, this conformed to the current world law development tendency.