Anticipated Possibility In Criminal Law

The theory of anticipated possibility, which derived from criminal law of Germany and Japan, "has been exceeded the debate among different schools and been accepted as property in common". However, there is no agreement reached about questions related to the theory of anticipated possibility, including its criteria, application extent, station in criminal law, etc.; meanwhile, different opinions with respect to whether or how to transplant the theory into China are still in existence in Chinese criminal law field.Therefore, this dissertation is divided into four parts. Firstly, the conception of anticipated possibility is analyzed based on its derived background and then founding elements of anticipated possibility decrease are explained, including objective element (abnormality of environment), subjective element (choices beyond control), and elements of value (tolerance of criminal law). Secondly, double judgment criteria, the judgment criteria of the theory of anticipated possibility is described. Thirdly, considering the difference theory related to founding elements of criminal between Continent Law Family and China, and the characteristic of Chinese criminal law, in which, conception of criminal founding and criminal responsibility are parallel, the writer prefers that the theory of anticipated possibility should be studied in the special field of criminal responsibility. Lastly, as the theory of anticipated possibility can fill up margins of recognition between citizens and laws, can raise the prestige of court and the authority of statute, it is necessary for China to transplant the theory of anticipated possibility in criminal law studies and practices. It would be propitious to the humanization of rule of law and to set up a harmonious society.