Font Size: a A A

Research About Theory Of Expectant

Posted on:2008-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:M JiangFull Text:PDF
GTID:2166360242957802Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The theory of Anticipated Possibility, ascending its history, which exists only about 100 years since it was produced. Although, in this short 100 years, this theory which laid its basis on the theory of criterion liability, already expand from Germany to Janpan and also to Taiwan of our counntry, becoming approved in the continental countries. However, because of the differences between the continental countries and our country, the theory of Anticipated Possibility is still in discussion.On the basis of the our country's research of the theory , this thesis attempts to organize the theory of Anticipated Possibility, on the basis of the rearch of the forerunners. Through the elaboration of the history of this theory, the reasonable definition of the theory and its values, then the summary of its satus, judgement standards and the applicable scope in the continental countries. At the last part, elaborates the theory's significant value to our criminal practice domain, hoping to improve our criminal system.This thesis is composed of four parts:Part One: The conception of the Anticipation Possibility and the development of this theory. At first, we should understand the theory of anticipation possibility in the broad sense, which means that thinking about the conditions including the outside and the interior, hoping the possibility of the person do not commit a crime and do other legal acts, including responsibility ability, intention and victimless and the anticipated possibility in the narrow sense. Next, elaborates the development of the theory, at the same time , explores the thoughts sparks before this theory came about.Part Two: The survey of the rearch in the continental countries. This part is almost the overview of the rearch in the continental countries. Including the status, the judgement standards and the applicable scope.Part Three: The orienting of the value. This part elaborates the value of this theory. Given the history of the theory, in the short 100 years, it shows its vigorous life which make us have to admit that, after the principle of conviction and penalty according to law, the theory of anticipated possibility becomes another hot spot among the criminal law domain and this theory has great value to our criminal practice domain.Part Four: The research of the theory's nativism. First, the theory's status in our criminal law system. The sencond, the theory's demonstration in our criminal law and its function, which means that the value orientation is the criminal law's humanity. Make the influences on the formulation of the criminal policy, instructs the criminal law leisurely .The constitutive elements of a crime in our country is very different from which in the continental countries, which can not afford a reasonable status for the theory of anticipated possibility. If we have to introduce the whole theory, then it will not be accommodating. The biggest obstacle ,which hindrance us to introduce the theory is the problem of its status in the criminal law. The author thought, given the differences between the continental countries and our country, we should not introduce the theory entirely and instead, we should introduce its soul without its contour. We can melts it into the 13th article, then the 13th article will become the theory's regulations in our criminal law.
Keywords/Search Tags:Anticipated possibility, Value, Nativism, Decriminalization
PDF Full Text Request
Related items